Phillips v. Jackson, Rec.

Winfield Robert Phillips, a child eight years and six months old, while attempting to cross appellee’s line of railroad at a public crossing, known as Fourteenth street in the city of Vincennes, had one of his feet so crushed that amputation was necessary. He prosecutes this action, by next friend, against appellee to recover damages. At the close- of plaintiff’s evidence, the jury, at the direction of the court, returned a verdict for defendant.

The sole ground urged for reversal is the action of the court in directing a verdict for appellee. The evidence is sufficient to prove the following…