Stewart v. Cincinnati, Wabash & Michigan Railway Co.

On May 5, 1888, the plaintiff was injured while hauling with a team a load of wood over a bridge on a farm crossing which crosses defendant’s railway. In constructing the railroad, ditches had been cut on each side of the railroad bed, from 10 to 14 feet in width; and, in constructing the farm crossing, bridges had been built across these ditches. The bridges were from four to five feet above the bottom of the ditches.

On September 30, 1881, Azariah Q. Kent was the owner of the farm known later as the “Green Farm,” which consisted of about 200 acres of land, situated on both sides of the…