France's Adm'r v. Louisville & N.R. Co.

• Decision Date: 13 June 1893
• Citation: 22 S.W. 851
• Parties: FRANCE'S ADM'R v. LOUISVILLE & N. R. CO.
• Court: Kentucky Court of Appeals

22 S.W. 851

FRANCE'S ADM'R v. LOUISVILLE & N. R. CO.

Court of Appeals of Kentucky.

June 13, 1893

Appeal from court of common pleas, Bell county.

Action by Allen France's administrator against the Louisville & Nashville Railroad Company for the wrongful death of plaintiff's intestate. Judgment for defendant. Plaintiff appeals. Affirmed.

H. Helm, for appellant.

Wm. Lindsay, for appellee.

BENNETT, C.J.

The appellant brought this action to recover damages from the appellee for killing his intestate, Allen France. It appears that appellant's intestate, at the time he was killed, was about 80 years old; that he and his wife were walking on the end of appellee's railroad, as trespassers; that Mrs. France was only a few steps behind the deceased; that she heard the whistle blow a long way back; that she heard the train coming close, and notified her husband of the fact, and he said, "We will get to that little dugout on the side of the track," which was 10 or 12 steps distant, but before they could reach the place her husband was struck by the train, and killed. It has been often decided by this court that the appellee is under no obligation to look out for trespassers at places that the appellee has no reason to believe that they may be, and that the appellee is not guilty of negligence in assuming that they will quit the track in time to let an approaching train pass, unless there is something tending to show that those in charge of the train, after seeing the trespasser, have reason to believe that he does not hear the approach of the train, or will not quit the track, and they have time to stop the train afterwards before running over him, but neglect to do so. There is no evidence tending to show that such was the case here. The judgment is affirmed.