Deitz' Adm'x v. Cincinnati, N. O. & T. P. Ry. Co.

Opinion of the Court by

Chief Justice Fulton—

Affirming.

This action was filed to recover damages for the wrongful death of the appellant’s decedent at a railroad crossing and resulted in a directed verdict for the railroad company at the conclusion of the plaintiff’s evidence.

The crossing is in the town of "Williamstown, which has a population of about twelve hundred. There are two tracks, one northbound and the other southbound. The crossing is wide enough to permit two cars to pass, each other thereon and the evidence tends to establish that the roadway is of “blacktop” construction but this…