SPENCER
Madras And Southern Maratha … – Appellant
Versus
Jayammal – Respondent
Spencer, C.J.
1. The plaintiff-respondent is a little girl of seven years of age who was run over by a locomotive engine at Wallajah Road Railway Station and lost her right arm and her right leg. She has been awarded Rs. 3,500 damages and costs in the Court of First Instance by Coutts-Trotter, J. The Railway Company has appealed.
2. The facts are clear that the plaintiff, who lived with her father in the village of Ammur adjoining Wallajah Road Station, crossed the line in order to go to her grandmothers house and that she was returning with a basket full of grass when she was knocked down by the Engine of the Ranipet train which had left its carriages standing by the platform after uncoupling and had gone up "the line, eastwards, tender foremost to the point then reversed, and was running down, head foremost, along the loop line towards the engine shed where it had to water, when the accident happened. The plaintiff herself states that on her way home she crossed by the way leading to the wicket gate near the Assistant Station Masters house, the engine ran over her, and she was injured. Of her 4th and 5th witnesses, who are merchants professing to have been eye-witnesses of
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