Franklin v. Louisville & N. R. Co.

Opinion op the Court by

Judge Perry

Affirming.

Fairleigh S. Franklin, at about 7 o’clock on the Sunday evening of August 11, 1935, while driving alone in his coupé along Chenoweth lane in St. Matthews, Ky., was killed at a public crossing, when the engine of a freight train of the appellee,'Louisville & Nashville Railroad Company,, struck his coupé while stalled on the crossing.

Upon a trial of the action brought by his admin istrator for the recovery of damages for his death, there was a verdict and judgment rendered for the defendant company.

The administrator, dissatisfied with this judgment,…