Cohoon v. Chicago, Burlington & Quincy Railway Co.

I. The petition charges the defendant-with negligence in running its' train, which struck defendant’s wagon and caused the injuries, on the-depot grounds in the city of Villisca, at a greater rate-of speed than eight miles per hour. It is averred that by reason thereof the accident happened, and that, plaintiff did not contribute thereto. It is also claimed, that defendant was guilty of negligence in the speed at-which it ran its train, regardless of the statutory negligence pleaded. The answer was a general denial. The-court, at the close of plaintiff’s testimony, and on defendant’s motion,…