Ellis's Administrator v. Louisville, Henderson & St. Louis Railway Co.

Opinion op the Court by

Judge Nunn

Affirming.

Harmon Ellis was killed by one of appellee’s freight trains at 8:30 o’clock on the morning of July 18, 1912. His administrator sues for damages,, and at the conclusion of his evidence the lower court directed the jury to find a verdict for the defendant railroad.

The accident occurred at a season of damaging storms and rains, and appellee’s track and bridge crews were being worked overtime repairing the damage. A crew was at work repairing a bridge at or near Lodiburg Station, and flagmen were stationed at proper distances east and west of the bridge…