Heberer v. C. M. St. P. & P. Ry. Co.

Plaintiff’s threshing grain separator machine was struck by one of defendant’s passenger trains while the plaintiff’s agent was crossing defendant’s main or coast line on- the public highway crossing at a point about a half; of a mile west of James, S. D. The amount sued for was $1,000. The plaintiff’s agent testified in behalf of the plaintiff, and, in fact, his evidtence is -the only evidence offered by either party. The main line of defendant’s railroad tracks runs east and west. The plaintiff’s agent was traveling and pulling the tractor and separator from the north to the south. It was…