Schaff v. Young

(after stating the facts as above). Appellant insists it appeared from a preponderance of the testimony that the train operatives did ring the bell and blow the whistle of the locomotive as the train approached the crossing. He further insists that a finding that said operatives were guilty of negligence in running the train at the speed they did was not authorized by either appellee’s pleading or the testimony. He further insists that the testimony did not warrant a finding that said operatives discovered the peril of appellee’s wife and children from the train in time to-have avoided the…