Tankard v. Roanoke Railroad & Lumber Co.

Avery, J.:

It was conceded by counsel On the argument, and appeared also from the undisputed testimony, that the defendant’s car partially obstructed the crossing but left about 8 feet of the highway covered by plank unoccupied, and that there was ample room for plaintiff’s servant to cross with his mule and cart. The defendant’s counsel contended that the hole in which the animal’s leg was caught constituted no part of the highway, which it was the duty of the defendant to'keep in safe condition. In passing upon the first issue which involved the question whether the injury was caused by the…