Midland Valley R. Co. v. Kellogg

Opinion by

JARMAN, C.

This action grew out of the following circumstances:

Francis Pearl Kellogg was 16 months old and was at her grandmother’s home, which is located in the town of Avant and at the southern boundary thereof, and is on the west side of the track of the defendant, and at a distance of about 75 feet therefrom. Citizens residing in the neighborhood of this home used the track of the defendant as a footpath in going to and from the business portion of the town of Avant, and it was also used by the school children in that section of town in this manner in going to and from school.…