Louisville & Nashville Railroad v. Scott

DAVIS, Commissioner.

Richard Moore was struck and killed by a boxcar or cars being; switched by the appellant railroad. His personal representative obtained verdict and judgment for $30,795. The railroad appeals, asserting that the decedent was guilty of contributory negligence as a matter of law. No other basis for reversal is advanced.

The decedent, with his female companion, parked his automobile about 7:30 p. m. when it was still daylight on Distillery Alley in Covington. Distillery Alley is a private thoroughfare running substantially north and south and is entered from Eighth Street on…