Stout v. Indianapolis & St. Louis Railroad

—This was a common law action by Peter Stout against the appellee, to recover damages for the alleged negligence of the defendant in so constructing her railroad and running her trains thereon as that the plaintiff, in driving along a highway crossing the railroad, without his own fault, was injured by a locomotive and train of cars.

The cause was tried at special term, and a verdict and judgment were rendered for the plaintiff for three thousand dollars damages. On appeal to general term, this judgment was reversed and the cause remanded to special term for a new trial. The plaintiff below…