Missouri Pacific R. Co. v. Merritt

Opinion by

MAXES, C.

We have given this ease a great deal of attention and study. We have read the entire testimony and the briefs of the respective parties and given the cases cited due consideration, and have reached the conclusion that the trial court erred in not sustaining the demurrer to plaintiff’s evidence, and in not sustaining the motion to direct a verdict at the close of all of the testimony. There are certain duties devolving upon the railroad company in cases of this character and a corresponding duty rests upon those who have occasion to cross the tracks of a railroad company.…