Kiser v. Pollard

The original petition alleges, in substance, that a train of the defendant company was standing on its tracks across the sidewalk in the City of Rome, and had been so blocking the crossing for a period of approximately four minutes when the plaintiff attempted to walk around in front of the engine, a distance of about ten feet north of the sidewalk, and just as he started to step across the nearest rail, “said engine all at once was quickly and suddenly started, and as it jumped forward struck your petitioner knocking down and injuring him,” for which injury the suit was brought. By amendment…