Louisville & Nashville Railroad v. Lewis

Opinion of the Court by

Judge Clay

Reversing.

This appeal is prayed from a judgment for $250.00 for injuries to appellee’s person and wagon, and for the death of a mule.

It appears that appellee’s team took fright and ran into appellant’s train as it was crossing the public highway at Sandvale in Harlan county, and a recovery was had on the ground that the failure of appellant to give the statutory signals for the crossing was the proximate cause of the accident.

Briefly stated, appellee’s evidence is as follows: On the occasion in question he was driving a team of mules hitched to a wagon…