Chesapeake & O. Ry. Co. v. Glaspy's Adm'r

Opinion, op the Court by

Hobson, Commissioner

Reversing.

About 5 o’clock in the morning of November 3, 1930, Buster G-laspy was struck and killed by a passenger train of the Chesapeake & Ohio Railway Company running from Weeksbury to Melvin in Floyd county. His father, Will Gflaspy, qualified as his administrator in the Floyd county court and brought this action against the railway company in the Johnson circuit court to recover for his death. On final hearing he recovered a judgment for $2,999. The railway company appeals.

The first question made in the case is that the Johnson circuit court was…