Mossbarger's Adm'x v. Louisville & N. R.

Opinion op the 'Court by

Judge Perry

Affirming.

On the evening of October 11,1936, a ear owned and driven by the appellee, J. H. Pritchard, was struck by a west bound passenger train of the Louisville & Nashville Railroad Company at a grade crossing on the Shelbyville road, just east of O’Bannon Station, Jefferson County, Kentucky.

At the time of the collision, resulting in the death of appellant’s husband, Isham E. Mossbarger, an old man some seventy-two years of age and weighing considerably over two hundred pounds, he was riding in the car with Pritchard, as his guest.

The undisputed facts, as…