LOUISVILLE & NASHVILLE RAILROAD COMPANY v. DUNN


380 S.W.2d 241 (1964)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. Sim DUNN, Appellee.

Court of Appeals of Kentucky.

June 26, 1964.


Attorney(s) appearing for the Case

Glenn W. Denham, Middlesboro, Henry L. Bryant, Pineville, R. H. Daugherty, Marvin D. Jones, James M. Terry, Louisville, for plaintiff in error.

Farmer Helton, Pineville, Doyle & Doyle, George E. Reams, Harlan, for defendant in error.


PALMORE, Judge

The appellee, Sim Dunn, received $8800 on a jury verdict for personal injuries and property damage sustained when his truck was hit by an L & N train at a public crossing. The railroad company appeals on the ground it was entitled to a directed verdict because Dunn was contributorily negligent as a matter of law. In our judgment the railroad's contention is correct.

The time of the accident was...

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