Indianapolis Street Railway Co. v. Bolin

*184Dissenting Opinion.

Comstock, P. J.-

The facts specially found disclose that, at the time of the accident appellee was forty years old, in the full possession of his physical and mental faculties. lie was driving a gentle horse, under complete control, which he might have stopped at any time or place. When his horse was on the east track nothing prevented appellee’s knowing the close proximity of the car. All his' acts in attempting to cross the tracks were voluntary. There was no necessity or emergency controlling his movements. Nothing was done by appellant to mislead or deceive him, or throw…