Payne v. Stephenson

Opinion of the Court by

Judge Sampson

— Affirming.

Appellee Stephenson was driving a two-horse team across the tracks of the O. N. 0. & T. P. By. Company, when his team was struck by a north bound passenger train and one of his horses killed, the wagon in -part demolished and appellee injured in his person. He instituted this action against the Director General of Bail-roads to recover damages on the grounds that the injury was the result of the negligence of the train operatives in failing to give the crossing signals required by the *26statutes. The jury awarded him $750.00 in damages and from a…