Napier's Administrator v. Napier's Administrator

Opinion op the Court by

Commissioner Hobson

Reversing.

W. G. Napier and Dora Cash were married in Lincoln -county, Kentucky, in 1901. They lived together for a short time. They then separated and lived separately and apart from each other thereafter, but were never divorced. In March, 1921, W. G. Napier was killed at a railroad crossing by a railroad train. An action was filed by his administrator against the railroad company to recover for his death and judgment was recovered against the railroad company for $7,500.00, which was paid. While the action was pending Dora Cash Napier died. Her…