Harvey, Admr. v. So. Ry. &8212 Car. Div.

Mr. Justice Cothran,

(dissenting) : There is not a suggestion in the complaint that the plaintiff proposed to rely upon the lack of care on the part of the railroad company in maintaining the approaches to the crossing. As is held in the case of Hill v. R. Co.: “Where a railroad is constructed across an established highway, it is responsible for the safety of the approaches”; and, if the allegations of the complaint had made out a case of this character against the railroad, evidence in support of it and the charge of the Court appropriate thereto would have been entirely proper; but the…