O'Donnell v. Lake Shore & M. S. Ry. Co.

We are of opinion that the evidence tended to support the plaintiff’s case. The witness Fagan, while testifying that the gates were down when he left his place, and that they were down when he returned, did not, and from where he was, perhaps could not testify as to whether they were up during the time he was absent from his place, and Martin testified that they were up when he went on the crossing, and stopped about the third track from the west side, which was only a few feet from the most westerly track, and that the deceased passed him. When asked how long he had stood where he stopped,…