Gray v. Sawyer

STANLEY, Commissioner.

Leonard L. Gugel and his wife, Gladys Gray Gugel, were killed by a locomotive" at a grade crossing. In an action involving the question of survivorship, it was adjudged that since it could not be determined from the evidence who died first, they died simultaneously. The judgment was affirmed. Gugel’s Adm’r v. Orth’s Ex’r, 314 Ky. 591, 236 S.W.2d 460. Thereafter Leonard L. Gugel’s administrator and heirs filed this independent suit for a new trial on the ground of newly discovered evidence. Sec, 518, Civil Code of Practice. The petition was dismissed, and they appeal.

The…