L. & N. R. R. v. Hunt's Admr.

Opinion of the Court by

Chief Justice Hobson—

Reversing.

Walter Hunt was a brakeman on a freight train of the Louisville & Nashville Railroad Company and was killed at Gum Sulphur on February 13, 1908. This action was brought by his personal representative to recover for his death, and in the circuit -court, the plaintiff recovered $7,000.00. The railroad company appeals.

The first question made on the appeal is that on the plaintiff’s evidence the court should have instructed the *779jury peremptorily to find for the defendant. The facts shown by the plaintiff are these: When Hunt’s train reached…