Louisville & Nashville R. v. Mitchell's Adm'x

Opinion of the Court by

Stanley, Commissioner—

Reversing.

G-. S. Mitchell was killed by appellant’s train at a crossing in the village of Woodbine, Whitley County. We reversed a judgment for $4,000 in favor of his administratrix, being of opinion that the decedent was guilty of contributory negligence as a matter of law. Louisville & N. Railroad Company v. Mitchell’s Administratrix, 276 Ky. 671, 124 S. W. (2d) 1025. The evidence is fully set out in the opinion. Upon a second trial the evidence was the same, with some additional proof that Mitchell was hard of hearing. A verdict for $5,000 was…