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SOUTHERN RAILWAY CO. v. KELLY CONSTRUCTION CO.

406 S.W.2d 305 (1966)

SOUTHERN RAILWAY COMPANY, Appellant, v. KELLY CONSTRUCTION COMPANY and Kelly Contracting Company, Appellees. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY COMPANY et al., Appellants, v. KELLY CONSTRUCTION COMPANY and Kelly Contracting Company, Appellees.

Court of Appeals of Kentucky.

Rehearings Denied October 14, 1966.

Attorney(s) appearing for the Case

Pleas Jones, Williamsburg, Robert Milby, Hamm, Taylor & Milby, London, for appellants.

Bradley & Bradley, Georgetown, Viley O. Blackburn, Smith & Blackburn, Somerset, for appellees.

HILL, Judge.

This is an appeal from a judgment entered pursuant to a jury verdict finding both parties guilty of negligence in a collision between a train and asphalt paver at a highway crossing.

At the time of the accident, the engine of the train was owned by Southern Railway Company, hereinafter designated as Southern, and under lease to appellant, Cincinnati, New Orleans and Texas Pacific Railway Company, hereinafter...

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