Deatley v. Phillips

Morris, Commissioner

Reversing.

Leroy Deatley met Ms death. December 28, 1943, in a collision of a C. & 0. train and a taxicab owned and operated by appellees, doing business as Phillips Taxicab Company. His administrator sought to recover from defendant $10,000 for his estate, alleging that death was due to the careless and negligent manner in which the taxi was operated, and so as to cause it to collide with a C. & 0. railway train at the intersection of its tracks and a street in Maysville.

In answer appellee plead that following his qualification the administrator filed a claim against the…