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LOUISVILLE AND NASHVILLE RAILROAD CO. v. FISHER

357 S.W.2d 683 (1962)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY et al., Appellants, v. Mildred M. FISHER, Executrix of the Estate of Marvin J. Fisher, Deceased, Appellee.

Court of Appeals of Kentucky.

May 18, 1962.

Attorney(s) appearing for the Case

Joseph E. Stopher, A. J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, C. Hayden Edwards, W. L. Grubbs, Joseph L. Lenihan, James M. Terry, Louisville, for appellants.

Charles C. McConnell, Raymond C. Stephenson, Louisville, Melvin M. Belli, San Francisco, Cal., for appellee.

CLAY, Commissioner.

Marvin Fisher was killed when one of defendant's freight trains struck the automobile he was driving at a railroad crossing in Jefferson County. A jury awarded his estate $162,121.50. The defendant appeals, contending it was entitled to a directed verdict.

The accident happened in the afternoon. The decedent was proceeding north on a paved two-lane county-maintained public road. There are two tracks at the crossing. A 61-car freight train...

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