C., C., C. & St. L. Railway Co. v. Arbaugh

The appellee’s declaration avers that his intestate lost her life by the negligence of appellant, which consisted in permitting the planks lying along the sides of the rails, at a certain crossing, to become split and splintered so that such splinters projected above the rails, and in permitting the spikes or nails which had held the planks in their places, to become loose and work up, so that they also projected above the rails, thus forming an obstruction to those passing over the track. It is averred that the deceased, while in the exercise of due care, in attempting to pass over said…