Southern Ry. Co. v. Burkholder

Opinion op the Court by

Judge Perry

Affirming.

This appeal seeks reversal of a judgment recovered in the amount of $675 and costs in an action brought in the Common Pleas branch, Second division, of the Jefferson circuit court by the appellee, John Burkholder, against the appellants, Southern Eailway Company and others, to recover damages for personal injuries and damage to his automobile.

The appellants insist that upon the evidence introduced upon the trial, they were entitled to have a peremptory instruction given the jury, upon the ground urged that the evidence conclusively showed as a…