Gulp, Colorado & Santa Fe Railway Co. v. Miller

This is a damage suit for personal injuries inflicted upon appellee by a passing engine on appellant's main track extending through the town of Dougherty, Indian Territory. The main line extends in the general direction of north and south, and parallel thereto on either side are certain switch tracks, over one of which appellee approached the main track. There was evidence tending to show that the place of the accident was upon a part of appellant's tracks and grounds which for several years prior thereto had been used as a passway by citizens living on opposite sides of the town, and that…