Southern Ry. Co. v. Hussey

STONE, Circuit Judge.

This is an appeal from a judgment for personal injuries.

Appellee received the injuries while a passenger on appellant’s train through a collision between that train and a freight train of the Evansville, Indianapolis & Terre Haute Railway Company, caused by an open switch leading off from appellant’s main line to the track of the other railroad on which the freight train was standing.

There was a contract between the two roads under which the Evansville Road constructed and maintained the switch and was ’ permitted to run its trains four or five miles from the switch along…