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Musick's Adm'r v. Ky. I. Terminal R. Co., Inc., (1949)

Court: Court of Appeals of Kentucky (pre-1976) Number:  Visitors: 7
Judges: OPINION OF THE COURT BY VAN SANT, COMMISSIONER
Attorneys: Lawrence S. Grauman and Marvin Snyder for appellant. Hubert T. Willis and Bullitt Middleton for appellee.
Filed: May 10, 1949
Latest Update: Mar. 02, 2020
Summary: Affirming. In the accident described in the opinion, this day rendered, in the case of Fryrear v. Kentucky Indiana Terminal Railroad Co., Inc. 310 Ky. 250 , 220 S.W.2d 546 , appellant's decedent lost her life. Appellant sued to recover damages for the decedent's death. The cases were not consolidated but were tried by the same jury on the same evidence. At the conclusion of all the evidence *Page 260 the Trial Court directed the jury to return a verdict in favor of appellee. In the above styled
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Affirming.

In the accident described in the opinion, this day rendered, in the case of Fryrear v. Kentucky Indiana Terminal Railroad Co., Inc. 310 Ky. 250, 220 S.W.2d 546, appellant's decedent lost her life. Appellant sued to recover damages for the decedent's death. The cases were not consolidated but were tried by the same jury on the same evidence. At the conclusion of all the evidence *Page 260 the Trial Court directed the jury to return a verdict in favor of appellee.

In the above styled case we held that the evidence in respect to the negligence of the railroad company was insufficient to submit the case to the jury, and that the Court properly directed a verdict in its favor. Consonant with the reasoning contained in that opinion the judgment is affirmed.

Source:  CourtListener

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