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LOUISVILLE & NASHVILLE RAILROAD CO. v. TROUTMAN

351 S.W.2d 516 (1961)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. Ruby TROUTMAN, Adm'x. of Estate of Marshall Troutman, Deceased, Appellee.

Court of Appeals of Kentucky.

November 22, 1961.

Attorney(s) appearing for the Case

Glenn W. Denham, Middlesboro, Henry L. Bryant, Pineville, R. H. Daugherty, James M. Terry, James F. Wheeler, Louisville, for appellant.

Cawood Smith, G. E. Reams, Harlan, for appellee.

STANLEY, Commissioner.

The appeal is from a judgment for $10,000 against the appellant, L. & N. Railroad Company, for the death of Marshall Troutman, who was killed at a grade crossing in a village in Harlan County which the record calls both LeJune and Shields. The appellant contends the trial court should have directed a verdict in its favor because of absence of evidence of negligence or because of conclusive proof of contributory negligence. Alternatively...

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