Cincinnati, New Orleans & Texas Pacific Ry. Co., et al. v. Lovell's Admr., Pulaski, 1911

Cincinnati, New Orleans & Texas Pacific Ry. Co., et al. v. Lovell's Admr.

COURT OF APPEALS OF KENTUCKY

142 Ky. 1; 133 S.W. 788; 1911 Ky. LEXIS 115

January, 1911, Decided

PRIOR HISTORY:  [***1]  Appeal from Pulaski Circuit Court. 

DISPOSITION: Judgment reversed with directions for a new trial. Petition for rehearing overruled. 

OPINION

 [*1]   [**788]  Modification of Opinion.

E. J. McCarty, the engineer of the train of which Cruise was the conductor, was a defendant in this action, and a joint judgment was rendered against him, Cruise and the railway company. The evidence does not show that McCarty was guilty of negligence, and therefore the motion on his behalf for a peremptory instruction should have been sustained. So much of the opinion as directs a judgment against McCarty is withdrawn; and the judgment as to him is reversed with directions for a new trial in conformity with the principles announced in the opinion.

Petition for rehearing overruled.