12 Ky. Op. 316 | Ky. Ct. App. | 1883
Opinion by
After a careful reading of the testimony in this case we see no reason why the motion for a nonsuit should not have prevailed. That motion was overruled and a verdict on the merits returned for the defendant.
The jury by a special finding said that the company was not guilty of negligence, and that the deceased caused his death by his own folly. Pie had turned his stock from his own premises on Sunday to graze upon the track of the railroad under the belief that no trains would pass on that day. A special train seems to have been required, and as it was unusual made its appearance near Walton at a time when not looked for by the deceased. He lost his life in the effort to save his stock, or to prevent injury to the train b)'- reason of his stock being upon the track. He
Judgment affirmed.