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CHESAPEAKE & OHIO RY. CO. v. AMBURGEY

240 S.W.2d 627 (1951)

CHESAPEAKE & OHIO RY. CO. et al. v. AMBURGEY.

Court of Appeals of Kentucky.

June 12, 1951.

Attorney(s) appearing for the Case

Browning & Gray, Ashland, Combs & Combs, Prestonsburg, for appellants.

J. D. Harkins, Jr., Prestonsburg, for appellee.

CLAY, Commissioner.

Plaintiff recovered a $400 judgment for personal injuries sustained when struck by one of defendant's engines in the town of Martin. Defendant has filed a motion for an appeal on the ground it was entitled to a directed verdict.

Plaintiff was walking east on a cinder path paralleling a switch track. A freight train came up from behind her and as it passed some part of the engine struck and knocked her down. As plaintiff approached

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