Pitt v. . R. R.

This was a civil action to recover damages for wrongful death. The evidence tended to show that the defendant operates a line of railroad running through the town of Elm City. The public highway crosses the tracks at grade. There are two main tracks at the crossing, the east track being the northbound, and the west track being the southbound. The evidence further disclosed that the defendant maintained a watchman at said crossing.

On or about 6 December, 1930, at about four o'clock in the afternoon, the plaintiff's intestate, riding in a buggy and driving a mule, undertook to cross the tracks.…