Cincinnati, New Orleans & Texas Pacific Railway Co. v. Harrigan

Opinion op the Court by

Judge Miller

Affirming.

This appeal seeks to reverse a judgment for $7,500 damages recovered by appellee for the death of her husband, alleged to have been caused by the gross negligence of the appellants in handling a freight train in its yard in Nicholasville, on January 7, 1910. The appellants denied the negligence, and relied upon Harrigan’s contributory negligence to defeat the action.

For many years the appellant company has maintained its railroad yard in Nicholasville substantially as it ■now exists. At the north end of the yard where the train goes through a cut,…