Mercer v. Powell

Tbe decision in tbis case goes mucb further than any other case decided by this Court involving similar facts. It entirely repudiates the established principle that the wounds upon the body of the deceased, the manner in which it was mangled, dragged, and distributed along the track, is evidence that the person was lying down when struck. This is the basic fact to be established in the instant case; because if the man was down and apparently helpless, there is evidence to go to the jury on all of the elements involved under any of the typical cases which may be cited from our decisions. The…