Louisville N. R. Co. v. Chapman's Adm'x

Opinion of'the'Court by

Judge Harris

Reversing.

This is a damage action under the provisions of KRS 277.310 and 277.320, known as the State Employer’s Liability Act, by the administratrix of the estate of Thomas L. Chapman, who was run over and killed by one of appellant’s trains while he was in line of duty as one of appellant’s operators. From a $10,000 award in her favor, the railway company has appealed.

At the place of the accident, which is near the top of what is known as Chenowee Hill, in' Breathitt county, the appellant has two lines of tracks — a main and a spur. At its northerly end…