Hutton v. Missouri Pacific Railway Co.

The defendant appeals from the judgment of the district court for Douglas county. This action was brought to recover damages for an injury suffered by the plaintiff. The plaintiff alleged he was lying on defendant’s right of way, and close to the west rail of defendant’s railroad track, his head and hands being in close proximity to the rail; that the track was unobstructed, and that he could have been easily seen; that, while the plaintiff was lying on the defendant’s railroad track, a freight train came along and ran down upon him without warning, having failed to ring the bell or sound the…