Clark v. Union Pac. R. Co.

The appellant, plaintiff below, brought this action to recover damages for the wrongful death of her intestate, resulting from a collision at a public crossing. The negligence alleged on the part of the railroad company is the failure of the train operatives to give signals and warnings of the approach of the train by sounding the whistle and ringing the bell of the engine, operating the train at an excessive and dangerous speed, and failing to observe a proper lookout. The defendant denied the alleged negligence, and pleaded contributory negligence. At the conclusion of all of the evidence,…