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WADKINS' ADM'X v. CHESAPEAKE & OHIO RAILWAY CO.

298 S.W.2d 7 (1956)

Alva Carr WADKINS' ADM'X, Appellant, v. CHESAPEAKE & OHIO RAILWAY COMPANY et al., Appellees. Woots WADKINS' ADM'R, Appellant, v. CHESAPEAKE & OHIO RAILWAY COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 22, 1957.

Attorney(s) appearing for the Case

J. W. McKenzie, Ashland, Jack R. Kibbey, D. G. Diamond, Vanceburg, Diederich & Lycan, Ashland, for appellants.

Porter M. Gray, Gray & Woods, Ashland, Harvey Parker, Jr., Vanceburg, for appellees.

WADDILL, Commissioner.

Alva Carr Wadkins and his brother, Woots Wadkins, were instantly killed on November 14, 1952, at about 11:00 a.m., when the automobile in which they were riding was struck by a train of the Chesapeake and Ohio Railway Company at a grade crossing located approximately 300 feet east of the corporate limits of Vanceburg. An action was instituted by the personal representative of each of the decedent's estate against the Chesapeake and Ohio Railway...

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