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

Opinion of the Court by

Stanley, Commissioner

Reversing.

-Doctor Prank Hare, a veterinarian, met his death when his automobile was struck on the railroad crossing of the Higby Mill Road in Fayette County in the late morning of November 26, 1942. His administratrix has recovered judgment against the Cincinnati, New Orleans & Texas Pacific Railway Company and its engineer operating the train for $25,950. The value of the automobile was $950.

The case was submitted under an instruction that if the jury should believe that by reason of its location and surroundings the crossing was unusually…