Campbell v. City of Stillwater

According to the complaint, the railway company, with the consent and permission of the defendant, laid its track and operated its railroad along-side of and in places lengthwise upon one of the streets of the city. The track was so constructed that a •carriage driven even with care on or over it would be in great danger •of being overturned and broken. "Without reference to the danger from passing cars and engines, it was a dangerous place for a horse with a carriage to go. There was no fence or barrier of any kind between the part of the street occupied by the track and the part not…