Lake Erie & Western R. R. v. Pike

This was a suit brought by appellee, father and administrator of the estate of William D. Pike, deceased, to recover damages for his death, caused, as it is claimed, by the negligence of appellant.

Deceased was nine years old, and a boy of ordinary intelligence. He was permitted by his father to ride for pastime upon a coal and ice wagon driven by one George Washburn, whom the father had known about three months.

At the point where Mirket street crossed appellant’s railway, the latter had in July, 1887, constructed a crossing, in which wagons and teams had worn chuckholes, which had been filled…