Louisville & Nashville Railroad v. Wallace

MOREMEN, Judge.

This is an appeal from a judgment which awarded to appellee, Mary Wallace, executrix of the estate of her husband, David E. Wallace, the sum of $10,000 for damages resulting from his death. Wallace was killed by a passenger train which belonged to appellant, Louisville & Nashville Railroad Company.

The accident occurred at a private crossing on the Wallace farm which is divided in almost equal halves by the north-south main line of the railroad. The land which lies to the east of the railroad track is used for pasture and the production of various crops. The residence, barns and…