Page:Federal Reporter, 1st Series, Volume 9.djvu/883

 868 FEDERAL REPORTER. �and raies of law applicable to it, the petitioner is entitled to compen- sation, and if so, for what sum. The proofs show the following indis- putable facts : �The point at which the accident occurred is at the crossing of St. John street over the railroad in charge of the defendant as receiver, under the appointaient of the court, and in the city of Columbus ; and it is a dangerous one for those passing on this street going south, from the fact that it is near the depot, and near the side track used for switching off cars and making up trains, and over which point locomotives and trains necessarily have to pass many times dur- ing the day. The danger is f urther increased from the fact that there is a brick warehouse situated east of the street and north of the rail- road, and extending 250 feet from near the track of the road north on the street, and 240 feet east of the street; and, being some 17 feet high, obstructs the view from those passing south on the street. The danger is still further increased by the narrowness of the street near the crossing, being only 15 or 16 feet wide, with a deep and wide ditch or washout on the west side. The street is also covered with gravel, which causes a noise when vehieles pass over it, The depot, side track, and switches used by the railroad are situated east of and near this crossing, and in making up trains the locomotives must necessarily pass it. The time for the departure of the evening train was 40 minutes after 3 p. m., and the practice was to commence making up the train an hour or more before the train time, and at the time of the occurrence complained of the locomotive was em- ployed in making up the evening train, being about 3 o'clock p. m. It is also an indisputable fact that petitioner was driving a spring wagon loaded with rails and drawn by one horse, coming down St. John street, going south ; that when near the crossing, and at a place where the street was too narrow to turn around, the locomotive ap- proached the crossing, the horse became frightened and stopped for a moment, when petitioner urged him on with the purpose of passing in front of the locomotive; that the fore wheels of the wagon passed the end of the pilot of the engine, but that the hind wheels, or one of them, was caught on or struck the end of the pilot, which threw the wagon on its side. The horse being frightened sprang forward and dis- engaged himself from the wagon. The petitioner was thrown forward vpon the street and was thereby greatly woanded, injured, and dis- figared, causing him great pain and suffering, and which injuries may prove permanent. There was not then, and never had been, any sign-board erected at that point warning passers of approaching ��� �