" Instances of liability in similar cases abound in other jurisdictions. For example, Smith v. Union Railway Co., 61 Mo. 588 (protrusion of rail 3 to 4 inches); Huff v. St. Joseph Railway, Light, Heat Power Co., 213 Mo. 495 (3 to 4 inches); Birmingham Railway, Light Power Co. v. Donaldson, 14 Ala. App. 160 (2 to 4 inches); Schild v. Central Park, North and East River R. R. Co., 133 N.Y. 446 (2 inches); Houston City Street Ry. Co. v. DeLesdernier, 84 Tex. (1/4 to 3/4 inches); Columbus, Delaware Marion Electric Co. v. Brown, 42 Ohio App. 109 (2 inches); Michigan City v. Boeckling, 122 Ind. 39 (4 inches); Tobin v. Portland, Saco Portsmouth R. R. Co., 59 Me. 183 (11/2 to 21/2 inches depression in platform); Clapp v. New York, New Haven Hartford R. R. Co., 229 Mass. 532 (2 1/2 inches between planking and rail). The statements of claim as originally filed in the present case did not allege that the defective condition of the rail had existed prior to the accident.