McBee's Adm'x v. Louisville N. R. Co.

Opinion of the Court by

Judge Cammack

— Affirming.

Ob July 15, 1934, Clarence McBee, 19 years of age, was drowned while swimming in the appellee’s water tank at Darbs Fork in Perry County. This action was brought by McBee’s mother as administratrix of his estate. She alleged that her son was drowned because of the gross negligence of the servants of the Railway Company in the maintenance and operation of the water tank. At the conclusion of the appellant’s evidence the court instructed the jury to find for the appellee. _ It is insisted that the court erred in giving that instruction.

We are…