Smith v. Elberton & Eastern Railroad

1. Where the servants of a railroad company are operating a “ lever car ” along the railroad track approaching a public crossing, and, upon observing a team approaching the crossing, stop the car in about 12 feet of the crossing and signal to the driver to proceed with the team across the railroad track in front of the car, and after the mules drawing the team have gotten upon the railroad track, where the car is propelled forward in the direction of the mules and within three or four feet of where the mules are crossing the track and thereby frightens the mules, causing them to upset the…