New Orleans N.E.R. Co. v. Keller

Appellee’s intestate was struck and instantly killed by a rapidly moving passenger train of the appellant at a private crossing on January 23, 1928. The appellee sought to prove that the crossing in question was a public crossing, but the court below gave a peremptory instruction that the crossing in question was a private one.

Taking the evidence more strongly for the appellee, it was shown that the crossing was maintained by the railroad, and that many years ago people were wont to use the road in going to and from the Lee neighborhood to the Hattiesburg highway west of appellant’s railroad…