Louisville & Nashville R. v. Smith's Admr.

Opinion of the Court by

Judge Quin —

Reversing.

Appellee’s intestate, J. F. Smith, was run over and killed by a train of the appellant, and in this suit to recover damages for his death there was a verdict against the appellant for $5,000.00. The accident happened about 8 o’clock on the evening of October 25, 1916. The train was a local freight and was on its way from McRoberts *33to Neon. It consisted of one hox car, a caboose, four cars, the tender and the engine, in the order, named, and at the time of the accident was backing, in a northerly direction, the first box car being the front of the…