Kerby v. Oregon Short Line R. R. Co.

ADAIR, Commissioner.

Defendant appeals from a judgment for damages for the killing of cattle at a public crossing on its railroad. Respondent based his claim solely on alleged negligence in failing to ring a bell or sound a whistle as required by C. S., sec. 4820, the last clause of which reads as follows:

“The corporation is also liable for all damages sustained by any person, and caused by its locomotives, trains or cars, when the provisions of this section are not complied with.”

Tbe appellant denied failure to ring the bell or blow the whistle, and now contends that even if there was such a…