Wilmes v. Chicago, Great Western Railroad

This is an action to recover damages for personal injury. It is claimed that the defendant, while operating a railway, had a wreck on its road in the city of Council Bluffs, near a point where Sixth Avenue crosses Third Street; that in such wreck one of the rails on defendant’s line of track was thrown into a curved position and held there by the strain of the wreckage upon it, and remained in such curved position for some hours; that the wreck was at a point where *103defendant’s right of way had, for many years, been used by pedestrians as a place for public travel, all with the full knowledge…