Neal v. Wyatt Lumber Co.

STATEMENT OF THE CASE.

This is a suit by Mrs, M. J. Neal against Wyatt Lumber Company, Limited, asking for $10,000.00 damages for personal injuries sustained by her through being thrown from a wagon on which she was riding as it was crossing the railroad or train track of defendant, Wyatt Lumber Company, Limited, where the said track crosses the Negreet-Sabine Town public road.

The defendant denies liability on the ground that if any injury was suffered by plaintiff it was caused by the roughness of the crossing caused by heavy rains, overflow and washout; and further pleads, in the…