Chesapeake & O. Ry. Co. v. Prater's Adm'x

Opinion op the Court by

Judge Rees

— Reversing.

This is the second appeal of this case. The opinion on the former appeal is reported in 251 Ky. 84, 64 S. W. (2d) 463, and reference is made to that opinion for a full statement of the facts.

John Prater was rnn over by an engine and tender-■of the Chesapeake & Ohio Railway Company about 10:30 p. m. August 30, 1930, and received injuries which resulted in his death shortly thereafter. The accident happened on a passing track while the engine was backing in an easterly direction. The decedent was lying on the track, and there was evidence tending to…