Rau v. Northern Pacific Railway Co.

It was claimed by the defendants at the trial of this action, in their argument for a motion for nonsuit, that the evidence on the defendants' failure to sound the whistle and ring the bell on the locomotive of said passenger train was insufficient to take the case to the jury. On this question whether or not the whistle was sounded and bell rung on a locomotive on approaching a crossing, we have several cases in Montana holding that the evidence such as that introduced at the trial of this case, even though it is considered as negative evidence and is opposed by so-called positive testimony,…