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GRAY v. SAWYER

247 S.W.2d 496 (1952)

GRAY et al. v. SAWYER et al. GRAY et al. v. CLAY et al.

Court of Appeals of Kentucky.

Rehearing Denied April 25, 1952.

Attorney(s) appearing for the Case

Finley F. Gibson, Jr., Louisville, Leslie W. Morris, Marion Rider, Frankfort, for appellants.

J. Leonard Walker, Lawrence S. Grauman, Louisville, for appellees.

STANLEY, Commissioner.

Leonard L. Gugel and his wife, Gladys Gray Gugel, were killed by a locomotive at a grade crossing. In an action involving the question of survivorship, it was adjudged that since it could not be determined from the evidence who died first, they died simultaneously. The judgment was affirmed. Gugel's Adm'r v. Orth's Ex'r, 314 Ky. 591, 236 S.W.2d 460. Thereafter Leonard L. Gugel's administrator and heirs filed...

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