Shirk v. Wabash Railroad

The appellant, Mary J. Shirk, a minor, by her next friend, William H. Shirk, brought this action to recover damages for personal injuries received, the result of being struck by one of appellee’s trains, at a point in the city of Pluntington where a street of said city crosses appellee’s railroad track.

The question presented on this appeal is this: Do the facts found entitle appellant to a judgment ?

The substance of the facts found by the jury in their special verdict may be summarized as follows:

That Oondit street, in the city of Huntington, where the accidént occurred, runs nearly north and…