Louisville & Nashville Railroad v. Vanderpool

GARDNER, Commissioner.

James Matt Vanderpool was struck and killed by a train of the Louisville and Nashville Railroad Company (hereinafter called L & N) in Williamsburg, Kentucky. His administratrix was adjudged $50,000 for damages and $790 for burial expenses. Recovery was attained under the last clear chance doctrine.

Vanderpool had been walking the railroad tracks from his home to Williamsburg when he stopped near the whistle post and sat on or near one of the rails. Gary Ash-ton saw Vanderpool on the tracks with his “arm up on his knee, shaking his head and hollering, ‘Oh, Lordy.’ ” Ashton…