Chesapeake & Ohio Railway Co. v. John's Administratrix

Opinion of the Court by

Judge Turner

Affirming.

The C. & O. Railway Company under a contract with the L. & N. Railroad Company uses jointly with the latter ■ its railroad tracks running from Lexington to Louisville.

On the afternoon of January 16th,. 1912, a regular L. & N. passenger train bound from Lexington to Louisville, and a special or “dead train” of the C. & O. Railway Company bound from Louisville to Lexington, met in a collision at a point in Shelby county'

The L. & N. train was a regular passenger train, had the right, of track, and was running practically on time, being at the time of…