International & Great Northern Railway Co. v. Woodward

PLEASANTS, Associate Justice.

On December 23, 1898, appellee, while walking southward on appellant’s railway track, at a point about 400 yards south of Elkhart station, in Anderson County, was struck by the engine of a train on appellant’s road which ran up behind him, and received the injuries for which damages were recovered in this suit. The petition alleges that at the point of the accident the view along the track was unobstructed for a distance of one-half a mile. That a strong wind was blowing in Woodward’s face so that he could not hear the ordinary noises made by the train approaching…