Young v. . R. R.

On 5 November, 1931, about 1:30 p.m., on a clear day the deceased, an old man eighty-eight years of age, undertook to cross the defendant's tracks near Canton. He approached the track on the south side and was walking in a footpath across said track. The roadbed was on a fill eight or twelve feet in height and the path led up to the track. From the west to the point of collision is a steep grade. An eye witness offered by plaintiff said: "He came across from the south side and walked upon the bank. As he got upon the top of the railroad fill he turned and walked with his back to the train…