Nebraska Supreme Court December 19, 1899, No. 9,068 (McGraw v. Chicago, Rock Island & Pacific Railway Co.)

Harrison, C. J.

In this action, commenced in the district court of Lancaster county, the plaintiff sought a recovery of damages alleged to have been caused by the negligent operation and running of an engine and train by defendant upon and over a line of railroad track, whereby and by reason *398of 'which, the plaintiff who was, at the time specified, crossing the said track, was struck by the