Illinois Central Railroad v. Moss' Admr.

Opinion op the Court by

Judge Lassing

Affirming.

On June 30, 1909, Bennett Y. Moss, a man about seventy-six years of age, while attempting to cross the tracks of appellant company at Fortson crossing in Mc-Cracken county, was struck by a train and killed. His administrator sued to recover for his death. The appellant company denied liability and pleaded contributory negligence. Upon these issues, the case was submitted to a jury, which returned a verdict in favor of plaintiff for $2,500. The company appeals.

The public road and the railroad approaching the crossing run in practically the same…