Miller ex rel. Carpenter v. Engle

Plaintiff, driving in a one-horse buggy, passed under an overhead railroad crossing. Just as she was emerging therefrom, a train ran over the crossing and her horse became frightened and ran away, throwing her out and crippling her for life. She brought this suit for damages alleging that the fright *561of the horse and resulting injury to her were caused by negligence of the defendants, the engineer and the railroad in charge of and operating the train.

The crossing was inside the city limits of St. Joseph. The surroundings at the scene of the injury are well described in the petition. It charged…