Harvey v. Smith

Appellant, Mike Harvey, had a contract to construct the approaches to the overhead bridge on Highway No. 6 at the point about one mile south of Batesville. The overhead bridge is across the line of the Illinois Central Bail-road at this point. The dirt for constructing the approach on the west side had to be procured at a place a short distance to the east of the railroad track, and to accom modate this work Harvey obtained a permit to install a temporary crossing over the railroad south of the overhead bridge, with the understanding that he would keep the railroad tracks at the crossing free…