Louisville & Nashville Railroad v. Horton

Opinion op the Court by

Judge Hurt

Reversing.

The appellee, C. B. Horton, at- the time of his injury, resided about one and one-half miles from Athol, which is a station upon the appellant’s railroad, and, near thereto, were four or1 five dwelling houses. He was struck by the engine of a freight train of the appellant, about one hundred feet from an “underground crossing” of the public highway over the railroad tracks, and the point, at which he was injured, was about midway between the “underground crossing” and the station. The collision occurred between 9:00 o’clock and 10:00 o’clock, p. m.,…