Belcher v. Sandy Valley & Elkhorn Railway Co.

Opinion of the Court by

Judge Thomas

Affirming.

On July 15,1920, at about 10:30 p. m., a train of tbe appellee and defendant below, Sandy Valley and Elkborn Bailway Company, collided with appellant and defendant below, McKinley Belcher, at a place on the railroad track not far from the mining village of Burdine and crushed his right foot so that it became necessary to amputate his leg just above the knee. He filed this action in the Pike circuit court to recover damages therefor, alleging in his petition, in substance, that he was walking-on the railroad track longitudinally and in the…