Comer v. Shaw

Simmons, Chief Justice.

This was an action against the receivers of a railroad company to recover for the homicide of the plaintiff’s husband, who was run over by a train operated by the defendants, while he was attempting to cross the track of the railroad. The collision occurred about a mile from the city of Columbus at a place where the railroad was crossed by a road which was used to a considerable extent by the public, but which was not a public road established in the mode prescribed by law. This being so, the provisions of .section *544708 of the code, touching the checking of the speed…