Whitney Transfer Co. v. McFarland

Opinion op the Court by

Judge Perry

Reversing.

On November 14, 1936, Harry O. McFarland, while in the employment of the appellant, Whitney Transfer Co., was killed when driving its truck along Highway 60 from Louisville to Henderson as the result of a collision occurring between the truck and a freight engine of the Louisville & Nashville Railroad Co. at a railroad crossing near Brandenburg, Ky.

At the time of the accident both the Whitney Transfer Co. and Harry 0. McFarland, its employee, had accepted and were operating under the provisions of the Workmen’s Compensation Act (sections 4880-4987,…