Spalding v. Louisville N. R. Co.

Opinion op the Court by

Judge Thomas

— Affirming.

On October 9, 1937, at about noon, a train of appellee, and defendant below, tbe Louisville and Nashville Railroad Company, running on its track on its line of railway in Washington County, collided with an automobile at a grade crossing of a private passway or road at the point where it crossed the railroad track. The pass-way or road, and also the crossing, was on the farm of one John Barber, and it was maintained exclusively for his benefit in going from a public road to his residence located some distance therefrom. The automobile in which…