Louisville, N. A. & C. Ry. Co. v. Patchen

Mr. Presiding Justice Gary

delivered the opinion of the Court., About nine o’clock in the morning, March 9,1891, John M. Bowe—of whose estate the appellee is administrator—drove a two-horse wagon, loaded high with lumber, south on State street. It was a cold morning, and a sharp wind blowing from the west. Bowe was well muffled, and walked on the east side of the wagon, between the wheels.

The country about the crossing of State street by the railroad track, on which a train of the appellant crossed State street eastward, is open, but little built up. At the crossing the grade is considerably…