Heise v. Chicago Great Western Railway Co.

Lade, J.,

dissenting.- — -The highway crossing to the northwest was but one thousand one hundred and twenty-one feet from that where the cattle were injured by the train. It was moving at a speed of about forty-five miles an hour, and manifestly one might not rely on the signals sixty rods distant in driving a slowly moving herd of cattle on the crossing. Would he have the right to rely on signals being sounded for the crossing one thousand one hundred and twenty-one feet farther away ? This issue is clearly raised in the pleadings and to this inquiry the majority say no. But for previous…