Gibson v. Union Street Railway Co.

On the easterly side of a street in a sparsely settled district the defendant’s track was built like a steam railway track, with ties and sleepers exposed, except that opposite certain houses on the easterly side of the street driveways across the track had been made, about a foot higher than the street, with a short rising grade as an approach to the rail and with filling between the rails.

On a bright Sunday afternoon in September two lines of automobiles, going in opposite directions, occupied the street, to the west of the track. The woman plaintiff and her husband’s mother, of whose…