LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. HALL


327 S.W.2d 400 (1959)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY and George Flynn, Appellants, v. Charlie HALL, Administrator of Estate of John A. Hall, Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 9, 1959.


Attorney(s) appearing for the Case

H. G. Breetz, J. M. Terry, Louisville, Denney & Landrum, C. S. Landrum, Lexington, Stephen Combs, Jr., Whitesburg, for appellants.

Cordell H. Martin, Hindman, D. G. Boleyn, Hazard, F. Byrd Hogg, Whitesburg, for appellee.


CLAY, Commissioner.

John Hall, 79 years old, was struck and killed on appellant's track by one of its trains. A jury awarded his administrator $15,000 plus funeral expenses. The controlling question is the railroad's right to a directed verdict.

The deceased was a trespasser. He was struck while standing outside the rail and leaning over the track, apparently trying to retrieve something with his cane. The place was 30 or 40 feet south of a crossing with light...

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