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

*151Opinion op the Court by

Judge Settle

Affirming.

Appellant sued in the court below to recover of appellee damages for the death of its intestate, Guilford Strock, alleged to have been caused by the negligence of appellant’s servants in running one of its trains against or over him, at the intersection of Washington street with its railroad track, in a suburb of the city of Henderson.

Appellee’s answer traversed the averments of the petition, and.pleaded contributory negligence on the part of the intestate, which plea was denied by reply.

No eye witness testified how the intestate lost his life but…