Cincinnati, New Orleans & Texas Pacific Railway Co. v. Sweeney

Opinion op the Court by

Judge Hurt.

Reversing.

This was a suit by the appellee, E. B. Sweeney, against the appellant to recover damages on account of injuries to an automobile.' The appellee claims that .a certain crossing of the appellant’s track across a pike was greatly out of repair, defective, and not reasonably safe for travel over it, and that these conditions arose from the gross negligence of the appellant in failing to properly maintain the crossing in a reasonably safe condition for travel *361•dyer it,' and that by' reason of its condition, his automobile, although he was exercising…