Ohio & Mississippi Railroad v. Davis

Rat, Oh. J.

This action was originally brought by the appellee in the Lawrence Circuit Court to recover damages for injuries sustained by him, resulting, it is alleged, from a collision with rolling stock of the appellant, under the management of her hands. The complaint avers “ that he (appellee) was passing the track of said road with necessary care, at the usual and known place of crossing, and while he was passing said track, the said defendant, with carelessness and with gross negligence, and without giving any warning whatever, caused one of her engines to run upon said track with great…