St. Louis Southwestern Railway Co. v. Mitchell

JAMES, Chief Justice.

Appellee sues to recover damages for injuries to his wife resulting from a miscarriage which he alleges was caused by fright from the near approach of a passing train at a public crossing. The circumstances of the case may be best shown by stating from the testimony of plaintiff. He testified that he had his family in a wagon, driving along the public road, and stopped about thirty or forty yards from the crossing, and looked and listened for any approaching train, and saw and heard none. That where he stopped was on the brink of a hill, and from there down to the…