Helton v. Louisville & N. R.

Van Sant, Commissioner

Affirming.

*694Neither party filed a demurrer, neither moved for a peremptory instruction, and the answer did not cure the alleged defect in the petition. After the jury returned its verdict, defendant moved for judgment on the pleadings notwithstanding the verdict. The motion was sustained and judgment entered dismissing the petition. The sole question presented is whether the petition states' a cause of action. Section 386 Civil Code of Practice, Brannon v. Scott, 288 Ky. 334, 156 S.W.2d 164.

Plaintiff suffered injuries as a result of being struck by one of defendant’s…