36 Ind. App. 381 | Ind. Ct. App. | 1905
Action by appellant for damages for the
death of his infant son through appellee’s alleged negligence. At the conclusion of appellant’s evidence the court directed a verdict for appellee. This action of the court is the only question argued.
Appellee’s road runs east and west through the town of Hazelrigg, crossing a public highway. On the day in question appellant’s son, six years and nine months old, started to go across the crossing on the highway, but was prevented by a freight-train standing on a side-track across the highway, the engine being about sixty feet east of the crossing. The boy went east and passed around in front of the engine, and soon thereafter was struck and killed by a passenger-train on the main track. The question we are asked to determine is whether the evidence authorized
Judgment affirmed.