Tarter v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Marshall, J.:

The plaintiff brought this action to recover damages to his automobile caused by being pushed against a post by a freight train operated by the defendant. Judgment was rendered for the plaintiff, and the defendant appeals.

*366The evidence tended to show that on August 3, 1923, about 11:30 p. m., the plaintiff in his automobile, which his wife was driving, approached the railroad tracks of the defendant from the west on one of the principal streets of Columbus, where there was heavy traffic at the time; that the plaintiff and his wife were…