List v. Southern Railway Co.

MCDONALD, Judge:

The appellant, Kenneth H. List, has appealed from the judgment of the Jefferson Circuit Court which summarily dismissed his complaint seeking damages from the appellee railroads for the wrongful death of his son, John K. List. John List was killed on June 1, 1985, when he was struck by a Southern Railroad Company train. At the time of the accident, List was on a trestle which spans Floyd’s Fork in southeastern Jefferson County. List and a friend, Randall Graves, had been on the trestle shooting crows. When the young men discovered the train they immediately began running in an…