New York, Chicago & St. Louis Rd. v. Kovatch

This case arises upon a proceeding in error to review a judgment of the Court of Appeals of Cuyahoga county, Ohio, which affirmed a judgment of the court of common pleas of that county. The case arose out of a crossing accident upon Woodland avenue, in Cleveland, in which David Kovatch, aged nine years, was killed when a freight train was crossing the avenue. The crossing gates were up at the time, due to the fact that the city of Cleveland was excavating for a sewer, and the gates could not be operated. It was the theory of the defendant railway company that plaintiff’s decedent was playing…