Banner Fork Joint Railroad Co. v. Brock

Opinion op the Court by

Judge Logan

— Reversing.

The appellee instituted his suit in the Harlan circuit court against the appellant, in which he alleged that his automobile had been damaged in the town of Wallins Creek, in attempting to drive across the railroad track of appellant, and that the damage was caused by reason of the negligent and defective construction of the railroad crossing and the.aproach thereto. He claimed that his automobile had been damaged in the sum of $200.

The petition was filed on the 3rd day of December, 1925, and the case came on for trial on the 12th day of May, 1926.…