City of Michigan City v. Boeckling

Franklin is one of the principal streets of Michigan City. The common council of the city, by an ordinance, authorized a track to be laid in that street for the use of a street railway company. The street was covered with planks, and the railway tracks were laid in the center of the roadway. On the first day of November, 1886, the appellee was riding along Franklin street, in a light wagon, drawn by two horses; he was not driving, nor was he taking any part in managing the team, but the team was driven and managed by a man named Oliver The wheels of the wagon were, as the appellee says, in…