Richard Roberts v. Baltimore and Ohio Railroad Company

MAJOR, Circuit Judge.

This action was brought by plaintiff, Richard Roberts, to recover damages for personal injuries sustained when struck by an engine of defendant’s freight train. Plaintiff and a companion, Thomas Rayburn, at the time were crossing the White Water River just east of Connersville, Indiana, from west to east, as a short-cut to their homes in East Connersville, using defendant’s bridge as a means of crossing.

The case was tried to a jury, which returned a general and special verdict awarding damages to plaintiff in the amount of $95,000, with answers to certain interrogatories…