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CINCINNATI, NEW ORLEANS & TEXAS PAC. RY. CO. v. WOOD

392 S.W.2d 437 (1965)

CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY COMPANY et al., Appellants, v. Lora WOOD, Administratrix of the Estate of John J. Riley, Appellee.

Court of Appeals of Kentucky.

July 2, 1965.

Attorney(s) appearing for the Case

Ben D. Smith, Smith & Blackburn, Somerset, for appellants.

Homer Ramsey, Whitley City, for appellee.

DAVIS, Commissioner.

This is a wrongful death action resulting from the death of John J. Riley who was struck and killed by a southbound freight train of the appellant railroad at a public crossing in Pine Knot. The jury returned a verdict of $10,000 against the railroad and its engineer. They appeal from the judgment entered on the verdict, asserting that the decedent was guilty of contributory negligence as a matter of law, and that the verdict is contrary to the...

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