Barksdale's Administrator v. Southern Railway Co.

Opinion of the Court by

Judge McCandless

Affirming.

The Newburg public road crosses the tracks of the Southern Bailway Company at grade, about four miles from the city of Louisville, the latter running almost due east and west and the highway north and south.

At that crossing on Sunday afternoon, August 29th, 1920, the company’s east bound passenger train collided with the automobile in which Miss Catherine Barksdale was riding, and she was thrown out 'and instantly killed.

For this the administrator of her estate sued the company in the Shelby circuit court for damages. A jury trial resulted in a…