Toledo, Wabash & Western Railway Co. v. Grable

On the 8th day of June, 1874, Dora Lena Shores was struck by a moving locomotive on defendant’s road and was instantly killed. Its mother, while endeavoring to rescue her child from the imminent peril to which it was exposed, was also struck and killed by the same train. The residence occupied by the parents was situated near the track of defendant’s road, with no fence or anything else to prevent the child from going upon the railroad whenever it chose to do so. Immediately before the accident occurred, the father and mother of the child were in the house; he was suffering from headache, and…