Maggard v. Louisville & Nashville Railroad

HOWARD, Judge.

This appeal involves a wrongful death-negligence action from Letcher Circuit Court in which the trial court judge granted a judgment N.O.V. on behalf of the appellee-defendant. The trial court found as a matter of law that the appellant was guilty of contributory negligence and instructed the jury that they could only find for the appellant-plaintiff if they believed that the appellee-defendant had the last clear chance to stop. In granting a judgment N.O.V., the trial court stated the following:

“As indicated in the cases above cited [General Telephone Company of Kentucky v.…