Louisville & Nashville Railroad v. Sawyer

delivered tbe opinion of tbe Court.

Tbe defendant in error, Sawyer, recovered a verdict and judgment against tbe company for tbe sum of $1,300 damages for personal injuries. Tbe company appealed, and bas assigned errors.

Tbe gravamen of tbe action, as alleged in tbe declaration, is t-bat Sawyer was driving in a buggy along a' turnpike road, and, when about to. pass under tbe overhead trestle of tbe company, a train of cars rapidly came upon tbe tracks, frightening plaintiff’s horse, overturning tbe buggy, and throwing plaintiff to tbe ground, as tbe result of which be sustained serious personal…