LAY v. LOUISVILLE & NASHVILLE RAILROAD CO.


340 S.W.2d 232 (1960)

James LAY, Administrator of the Estate of Rose Lay, Deceased, Appellant, v. LOUISVILLE & NASHVILLE RAILROAD CO., and J. W. McNutt, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 16, 1960.


Attorney(s) appearing for the Case

George R. Silliman, James G. Begley, Danville, for appellant.

Pierce Lively, Danville, for appellees.


BIRD, Chief Justice.

Rose Lay was killed while sitting in an automobile which was stopped upon the tracks of a private railroad crossing. Her administrator sued the railroad company and its engineer. The jury returned a verdict for the administrator against both defendants. The defendants filed a motion for judgment notwithstanding the verdict. The motion was sustained and judgment was entered for the defendants. The administrator appeals from that judgment.

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