Jenkins v. Davis

Opinion by

PINKHAM, C.

This action was instituted by the plaintiff ip error, as plaintiff, against the defendant in ovror as defendant. The parties will he referred to as they appeared in the lower court. The action was brought by the plaintiff, Harry Jenkins, against the defendant James C. Davis, Director General of Railroads, to recover damages for the death of bis five year old child who was drawn under the wheels of a freight train of the Midland Valley Railroad Company. The petition upon which the case was tried charged that the defendant placed a string of freight cars over the crossing…