Indiana, Bloomington & Western Railway Co. v. Hammock

Oliver Hammock and his son-in-law, David Bolen, while going north over a public highway, standing in an open two-horse wagon, came in collision with a west-bound freight train at the highway crossing of the appellant company’s line. Both were thrown from the wagon; Bolen was killed, and the appellee sustained serious bodily injury. This occurred between 9 and 10 o’clock A. M. of September 15th, 1884.

In an action to recover damages for the alleged negligence-of the railway company, in failing to give the signals required by law, and for running its train at an alleged immoderate rate of speed,…