Franklin's Administrator v. Louisville & Nashville Railroad

Opinion of the Court by

Judge Carroll

Reversing.

A. R. Franklin, an employe o£ the Rose Creek Coal Company, was killed while engaged at work on a partially loaded coal car at the coal tipple of the coal company by being’ thrown from the car. The accident was due to the fact that an empty car going at rapid speed down an incline track struck with force the car in which Franklin was at work.

In this action to recover damages for his death the petition charged that the mine of the Rose Creek Coal Company was situated on a spur track connected with *596the line of the appellee railroad company. That the…