Lake Erie & Western Railroad v. Brafford

The sufficiency of the evidence to sustain the general verdict in favor of appellee is properly presented for our determination.

There is evidence to support the following state of facts:

At the time of the accident, upon August 27, 1893, appellant’s railroad ran through Frankfort, a city of 8,000 people, along Ohio street, a public highway, passing through the central portion of the city. Appellee’s decedent, who was a deaf mute, twenty-four years old, entered upon the track early Sunday morning, and walked thereon some distance west until at a point, about seventy feet east of Jackson street…