Rheiner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

This action is based upon defendant’s alleged negligence in running a locomotive upon and killing plaintiff’s horses at a railroad crossing. At the close of plaintiff’s case the action was dismissed by the court. This was right, if, as defendant contends,, the evidence clearly shows contributory negligence on plaintiff’s part. It appears that, between 4 and 5 o’clock in the afternoon of October 17th, Hammerly, plaintiff’s servant, was driving the horses northerly up a street parallel to the railway. On his way he passed the locomotive, which was being run upon a turn-table on a switch track..…