Graybill v. Chicago, Milwaukee & St. Paul Railway Co.

•1 The stock in question escaped from the plaintiff’s inclosure, and were killed in the daytime, on a highway crossing, by a train running as a special. Negligence is charged, in the operation of the train, in not using due care and watchfulness, and in not using the whistle and bell before reaching the crossing where the cattle were killed. It is also charged that the train was a wild one, and was at the time being run at a dangerously high rate of speed. There is a sharp conflict in the evidence as to whether the whistle was sounded and the bell rung at the whistling post for that crossing,…