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GIBSON v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

382 S.W.2d 568 (1964)

Kenneth GIBSON, Appellant, v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellee. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, Appellant, v. J. D. HARTMAN, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 30, 1964.

Attorney(s) appearing for the Case

Carroll Franklin, Laurence T. Gordon, Franklin & Gordon, Madisonville, H. G. Breetz, M. D. Jones, Louisville, for L. & N. R. Co.

L. B. Weir, Madisonville, for Gibson and Hartman.

CLAY, Commissioner.

This is a railroad crossing case. An automobile driven by Gibson, with whom Hartman was riding as a passenger, collided with a coal car of the defendant railroad company as its freight train was moving slowly over a country crossing. Both men sued for damages.

The trial court directed a verdict for the defendant on the claim of Gibson (on the ground of contributory negligence). Hartman's claim went to the jury, which returned

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