Burton v. Western & Atlantic Railroad

Simmons, Chief Justice.

It appears from the declaration, that the plaintiff, Silvia Burton, when passing along at night between two sets of tracks upon the defendant’s right of way, in a space extending from one public street to another in a much frequented part of the town of Marietta, fell into a hold dug by agents of the defendant, which was unprotected and unguarded, thereby sustaining the injuries complained of. It appears also that the space referred to had for a long time been kept by the' defendant in a smooth and even condition for the use of passengers alighting from and boarding its…