Mississippi Supreme Court May 15, 1939, No. 33713. (Buffington v. Gulf S.I.R. Co.)

*135

Griffith, J.,

delivered the opinion of the court.

*136

Appellant’s decedent, during his lifetime, had instituted, an action against appellee for an alleged injury to decedent’s ankle because of an asserted defect in a grade crossing at a point where a public highway passed over appellee’s railroad tracks. The action was revived and prosecuted by appellant as administratrix.