Kelley v. Railroad Co.

Brannon, President:

This is an action by John Kelley as administrator of James Kelley against the Ohio River Railroad Company to recover damages for killing James Kelley by running a passenger train against him. The defendant entered a demurrer to the evidence, and upon it the court rendered judgment against the defendant for $5,000, the damages assessed by a jury.

*217J ames Kellejr and one O’Conner were walking along the railroad track, using it for a foot-way, and were struck by a passenger train running at the speed of thirty-five or forty miles an hour, and both were killed. The case does not…