Chicago & Alton R. R. v. McDonnell

It is undisputed that when the collision occurred at the crossing, the north gates, which should have guarded the crossing, were up. When the gates were up, and after teams and the electric car had started to cross the tracks, the train of appellant moved back upon the crossing. The finding of the jury, by their general verdict that this constituted actionable negligence, is warranted.

There was a conflict in the evidence as to whether the watchman gave any signal of danger by ringing the bell in the tower as the train moved back. The jury might reasonably have found from the evidence that no…