
    Cincinnati, New Orleans & Texas Pacific Ry. Co., et al. v. Lovell’s Admr.
    Appeal from Pulaski Circuit Court.
   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 So much of the opinion as directs a judgment against McCarty is withdrawn; and the judgment as to him is reversed with directions for a new trial in conformity with the principles announced in the opinion.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.  