Lexington & Eastern Railway Co. v. Stacy

Opinion of the Court by

Judge Clarke

Reversing.

In the spring of 1915 appellant was engaged in 'building an extension of its railroad line from Jackson in.;Breathitt county to McRoberts in Letcher county, Kentucky, and had driven the tunnel known as Hoskin’s tunnel in Perry County, in which the accident involved here occurred, and had completed its railroad bed and laid rails through that tunnel and from the end of Monday’s tunnel to Typo istation, a distance of about bight miles, and this section was connected with and formed a’part of its railroad trackage, over which it operated freight and…