Cincinnati, New Orleans & Texas Pacific Railway Co. v. Dungan

Opinion of the Court bt

Chief Justice Miller

'Affirming.

In building its railroad near Hinton Station, in Harrison county, appellant caused it to intersect the Mulberry turnpike road, leaving a cut about 30 feet deep at the point of intersection. The turnpike had been a public highway for many years before the railroad was built; and, in order to preserve the highway, the appellant built a bridge over the cut, with appropriate approaches, protected by suitable guard rails and barriers across appellant’s right of way. When constructed, many years ago, these guard rails were strongly built of…