Clay v. Chesapeake & O. Ry. Co.

MOREMEN, Justice.

Appellant, Alta Clay, filed a petition in the Boyd Circuit Court by which she sought to recover damages for injuries alleged to have been received as a result of the failure of appellee, Chesapeake & Ohio Railway Company, properly to maintain a railroad crossing with a public street in Catletts-burg, Ky. A demurrer to the petition was sustained, appellant declined to plead further, and the petition was dismissed. That part of the petition which is pertinent to the discussion that will follow reads:

“Brown Street is and continuously for a long period of years has been a much…