171 S.W.2d 1010 | Ky. Ct. App. | 1943
Affirming.
On the first trial of this cause (Louisville N. R. *367
Co. v. Byrge's Adm'x,
Two witnesses testified they saw Byrge just above the depot at Hazard sometime before daybreak on the morning he was injured. They said they stopped and talked with him a few minutes and that he told them he was on his way to his home at Christopher some three miles from Hazard. Two other witnesses testified they went to the place where Byrge was found after he had been taken to the hospital and that they saw some hair and blood on a railway tie. W.H. Siler testified that shortly after 5 o'clock on the morning in question he saw a train coming toward the depot and he heard it stop; that if any signals were given he did not hear them; that as he was going home front the premises of the Home Lumber Company where he was employed he saw the train standing near the Lumber Company; that he went to that point and was told by the boys "they had found a man there;" that he was told it was Ezekiel Byrge; that some of the train crew were talking with Byrge; and that he was lying between the two tracks or on the side track. Considerable evidence was offered to show that a lookout duty was owed by the Company at the place where Byrge was found, because of the use of the tracks by those going from Hazard to Lothair.
A number of cases, including Sims' Adm'r v. Chesapeake O. Ry. Co.,
Judgment affirmed. *369