Storm v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

On July 5, 1904, appellee brought an action in ease against appellant for wrongfully causing the death of his intestate, Flora May Storm. Hpon trial by jury, judgment was rendered against the defendant for the sum of $1,400, to reverse which this appeal is prosecuted.

The first count of the declaration charges, in substance, that while the said Flora May Storm was, with all due care, riding in a buggy across the railroad of the defendant, at a crossing thereof with a public highway, the defendant negligently and maliciously drove and managed its certain locomotive and train of cars across said…