Indianapolis & St. Louis Railroad v. Stables

It appears that, on the 6th day of July, 1870, defendant in error started to Shelbyville in a two-horse wagon, accompanied by his son and daughter, and when about sixty-five yards from the railroad crossing at which the injury occurred, he stopped and listened, to ascertain if a train was approaching, but hearing none, he started down the hill at a moderate speed, and when on the railroad track his wagon was struck by a passing train and his wagon badly broken and he was severely injured.

It is urged by plaintiff in error that there was gross negligence on the part of defendant in error in the…