Harvey, Admr. v. So. Ry. &8212 Car. Div.

The opinion of the Court was delivered by

Mr. Justice Fraser.

The plaintiff’s intestate was driving along a public road that ran along the right of way of the appellant. The railroad tract came out of a cut onto an embankment. The public road crossed the railroad track just where the railroad' track came out of the cut onto the embankment. The testimony tended to show that, when the mule which the deceased was driving came upon the railroad track, it saw the approaching train and whirled around, and threw the deceased out of her buggy and injured her so seriously that she died.

The appellant’s…