Missouri Pacific Railway Co. v. Haggart

The opinion of the court was delivered by

Wells, J.:

This action was instituted by the defendant in error to recover damages for personal injuries sustained by Leroy E. Haggart by reason of an engine of the plaintiff in error running into the team and dray which were being driven by him over a public crossing. The case was tried to the court and a jury, a verdict returned in favor of the plaintiff below for $1000, and judgment rendered thereon.

There are several assignments of error, either of which would, in the judgment of the writer of this opinion, entitle the plaintiff in error to a new…