LOUISVILLE & NASHVILLE RAILROAD CO. v. SPENCE'S ADM'R


282 S.W.2d 826 (1955)

LOUISVILLE & NASHVILLE RAILROAD CO., Appellant, v. Ronnie Dean SPENCE'S ADM'R (Charles Spence), Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 28, 1955.


Attorney(s) appearing for the Case

C. S. Landrum, C. E. Rice, Jr., Lexington, Stephen Combs, Jr., Whitesburg, for appellant.

Hinton & Young, Pikeville, Emmett G. Fields, Whitesburg, for appellee.


STANLEY, Commissioner.

The record is of the tragic death of a ten year old boy, Ronnie Spence. He and his brother, Billy, twelve years old, and two other lads, Bobby and Andy Ferrell, about the same ages, played hookey from school one afternoon in September, 1952, in order to avoid hypodermic injections of health serum. They walked some distance and hid in the bushes at a place, they said, where they would not be seen and waited for the train. After the locomotive...

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