Thacker v. Norfolk & Western Railway Co.

OPINION op the Court by

Judge Carroll

Affirming-.

Milo Thacker, while crossing the track of the ap-pellee railway company at a private farm crossing at a point on its track in Wayne county, West Virginia, was struck and injured by a passing train. In this suit brought in Boyd county, Kentucky, to recover damages for the injuries so sustained, the cause of action was rested on the alleged negligence of the company in failing to give the statutory signals for a public crossing a few hundred yards west of the private crossing and upon which statutory signals it was alleged persons using the private…