Louisville & Nashville Railroad v. Roberts

, Russell, J.

The plaintiffs blind mare was grazing in a pasture near the railroad; and just at this point there was a public crossing and a blow-post. The plaintiff knew that the mare was afraid of the sound of an engine whistle, and also knew there was an open ditch in the pasture. About 150 yards before reaching the blow-post, the engineer began to blow his whistle, and he continued to blow it until after he had passed the blow-post. There is also evidence in the record (admitted over the defendant’s objection that it was irrelevant) that on other occasions the defendant’s employees had…