Louisville & Nashville Railroad v. Bays' Administratrix

Opinion of the Court by

Drury, Commissioner—

^Reversing.

The appellant, whom we shall refer to as the defend.ant, seeks by this appeal to reverse a judgment for :$10,000, recovered, against it by the appellee, whom we shall refer to as the plaintiff. On June 18,1924, an automobile driven by Fred Bays was struck by one of defendant’s trains at a grade crossing in the city of Evarts, and Hays was killed. The plaintiff’s petition thus begins:

‘ ‘ The plaintiff, Susan Bays, suing as the administratrix of Fred Bays, deceased, says that the said Fred Bays died intestate and domiciled in Harlan county,…