Southern Railway Co. v. Chance

The plaintiff was driving along a public road practically parallel to the railroad track, near a trestle which marked a low point in the grade. A train coming from either direction would approach the trestle on a down grade, and upon leaving it would have to go up grade. On the day in question, a freight-train came down the grade from the east; and just before the locomotive reached the trestle the engineer threw on steam, or more steam (as undoubtedly was proper, as the up grade was just ahead and it was prudent to preserve the momentum), and the consequent increased puffing of the engine…