St. Louis-San Francisco Railway Co. v. Kirkpatrick

Appellee instituted this action against appellant to recover damages for personal injuries sustained, also for injuries to' appellee’s team of mules and wagon, which resulted from a collision with one of appellant’s trains backing in the yard at Osceola. Negligence of appellant’s servants wras alleged in failing to keep a lookout and failing to exercise ordinary care to prevent injuring appellee and his property, after discovering the peril of the situation.

There was a former appeal in the case from a judgment in favor of appellee, and the judgment was reversed, and the cause remanded for a…