Graves v. Chicago, Rock Island & Pacific Railway Co.

Wagner, J. —

At a private crossing, one of defendant’s trains collided with plaintiff’s threshing outfit, consisting of a tractor and a separator. The plaintiff is asking to recover the damages to his property, alleging that the same, were caused by the negligence of the defendant, its agents and employees. The allegations in the petition, as to negligence, are as follows:

“ (a) That the planks laid oh each side of the rails on the crossing were not of sufficient strength, and would not, and did not, come up level with the top of the rails, but left a space "of about three inches between the…