Missouri, Kansas & Texas Railway Co. v. Jenkins

The opinion of the court was delivered by

Burch, J.:

The plaintiff sued for the value of a team of horses, harness and wagon injured at a highway crossing over the defendant’s tracks. There is no-dispute about the material facts, and for the purposes of the decision it may be conceded the railway company was negligent.

The accident happened upon a main track running north and south. West of the main track twenty-one feet and six inches lay a side-track filled with box cars which encroached upon both sides of the highway, leaving a space some twenty feet in width for passage. The driver of the…