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CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY CO. v. FERGUSON

385 S.W.2d 947 (1964)

CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY, etc., et al., Appellants, v. Paul FERGUSON, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 12, 1965.

Dissenting Opinion March 12, 1965.

Attorney(s) appearing for the Case

J. Craig Bradley, Jr., and V. A. Bradley, Jr., Georgetown, for appellants.

James Collier, Faurest & Collier, Elizabethtown, Thomas K. Shuff, Georgetown, Raymond C. Stephenson, Louisville, for appellee.

CULLEN, Commissioner.

At 9 a. m. on November 8, 1961, a gravel truck being operated by Paul Ferguson was struck by a freight train of the Cincinnati, New Orleans & Texas Pacific Railway Company on a grade crossing in the outskirts of the city of Georgetown. Ferguson sustained severe injuries. In his action for damages against the railroad company and its engineer he recovered judgment for $157,861.40. The defendants, appealing from the judgment, assert as their...

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