Brown-Scott v. Davis

* Headnote 1. Railroads, 33 Cyc., pp. 759, 761; 2. Railroads, 33 Cyc., p. 906; 3. Railroads, 33 Cyc., pp. 878, 892; 4. Negligence, 29 Cyc., pp. 591, 624; 5. Railroads, 33 Cyc., p. 872; 6. Railroads, 33 Cyc., p. 911; 7. Railroads, 33 Cyc., p. 779; 8. Appeal and Error, 4 C.J., Section 3235. This is an action for negligence, for striking plaintiff, while walking north along the railroad tracks within a village, with a timber projecting from a car, a fractional part of a moving freight train. Defendant appealed from the judgment on the verdict for $6000 awarded plaintiff.

Plaintiff's evidence…