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| Indianapolis Traction & Terminal Co. v. Springer, 47 Ind App 35, 93 NE 707 (1911). A bicyclist riding on the road ran into a hole between rail tracks. The hole was 3 feet by 1 foot and 8 inches deep. The bicyclist was thrown from the bicycle and landed on the tracks. While he was lying there unable to move, and in plain view, a railway company employee ran a car against and over him. The Appellate Court of Indiana: "Appellee was riding in a place where he had a right to be, and if it had not been for the hole in the street, as alleged in plaintiff's complaint, he would not have been injured. The presence of the hole in the street was the proximate cause of the injury." | ||||
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