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

Opinion of the Court by

Creal, Commissioner—

Reversing.

_ About 5 o’clock on the morning of June 17, 1936, a. freight train of the Louisville & Nashville Railway Company, going from Lothair toward Hazard, was stopped several hundred feet before reaching the depot at Hazard and after the engine and two or three of the cars had passed over Ezekiel Byrge who was lying on the tracks. Immediately after the train stopped, the trainmen took him from under the cars to a hospital at Hazard, where he died about a week later.

Thereafter, Mrs. Martha Lethgo, his mother, as his administratrix, instituted this…