Louisville, New Albany & Chicago Railway Co. v. Phillips

The appellee alleges in the first paragraph of his complaint that the track of the appellant is laid upon Railroad street, in the city of Bloomington, for the distance of the one-half of a mile; that it crosses several streets, *60among others Fourth and Fifth streets; that in constructing-the track a space of three or four inches was left between the guard-rail and the rails of the track ; that, on the 27th day of December, 1882, the appellee, without any fault or negligence on his part, was crossing the track and caught his-foot in the space between the guard-rail and the rails of the track ;…