Evansville & Crawfordsville Railroad v. Lowdermilk

Smith, the deceased, was killed by a train of cars of the company, while crossing the railroad track npon a public highway, and this suit was brought by his administrator, under the provisions of our statute, to recover , damages.

Trial by jury: verdict and judgment for the plaintiff, a new trial being denied.

On the trial, the Court gave to the jury the following charge, to which exception was taken by the defendant, viz:

“ The proposition that unless the defendant is proved to be in fault no recovery can be had, needs no argument to support it, as it is one which strikes the common sense of…