LOUISVILLE & NASHVILLE RAILROAD COMPANY v. SCOTT


432 S.W.2d 47 (1968)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. Gladys Moore SCOTT, Administratrix of the Estate of Richard Moore, Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 25, 1968.


Attorney(s) appearing for the Case

Charles S. Adams, Covington, James M. Terry, E. W. Herde, Louisville, for appellant.

John J. O'Hara, O'Hara, Ruberg & Cetrulo, Howell W. Vincent, Joseph C. Healy, Covington, for appellee.


DAVIS, Commissioner.

Richard Moore was struck and killed by a boxcar or cars being switched by the appellant railroad. His personal representative obtained verdict and judgment for $30,795. The railroad appeals, asserting that the decedent was guilty of contributory negligence as a matter of law. No other basis for reversal is advanced.

The decedent, with his female companion, parked his automobile about 7:30 p....

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