Peters v. Chicago, Milwaukee, St. Paul & Pacific Railroad

The sole question for determination here is whether the negligence of the deceased was equal to or greater than that of the defendant. In the decision made in response to motions after verdict, the trial court correctly analyzed the case. It said:

“My view of the case is that the deceased was on one side of the railroad track and his cattle were on the other. In order to protect his cattle he tried to get across h> their side and failed. Or if this is not correct, then he attempted to cross the tracks without first looking for oncoming cars. If he saw the car coming and attempted to' cross the…