Chesapeake & Ohio Railway Co. v. Booth

Opinion of the Court by

Judge Settle

Affirming on the original and cross appeal.

About 2:30 o’clock, a. m., on November 9, 1907, the appellee, Chas. F. Booth, was run down by a freight train of the appellant, Chesapeake & Ohio Ry. Co., while he was walking along Water street in the rear of the Palace Hotel, city of Lexington, and both of his feet mangled and cut off by the wheels of the engine, necessitating the amputation of both legs above the ankle joint. His left thigh was also badly broken causing an appreciable shortening of that limb.

This action was instituted by him against appellant,…