Eastman, Gardiner & Co. v. Warren

HOLMES, Circuit Judge.

This appeal is from a judgment for appellee, who received a broken back and other injuries at the intersection of a public highway and a logging railroad in Mississippi. The verdict of the jury, which is supported by substantial evidence, establishes the fact that the negligence of the appellant in failing to maintain the crossing in a safe condition was the proximate cause of the injury.

The principal point here, and the only one which we deem it necessary to write about, is with reference to the ruling of the trial court in sustaining a demurrer to a special plea in…