Cheek v. Thompson

The suit against appellee for damages for the loss of appellant’s arm caused by a train of appellee running over it was tried without a jury. The judge found that appellant in a sparsely settled neighborhood was lying unconscious next to the right rail of the railroad track, with feet toward the train, which was approaching at a moderate speed in the early morning. Appellant had been using the track instead of the public road or a path alongside it to go to his home, an infrequent use of the track which had not been objected to by appellee. The train gave all signals required by law.…