Van Note v. Hannibal & St. Joseph Railroad

Norton, J. —

This is an action to recover damages for the alleged negligence of defendant in killing plaintiff’s cow. Upon trial of the cause in the Caldwell circuit court judgment was rendered for plaintiff, from which defendant has appealed to this court. The evidence offered on the trial tended to prove that the cow was killed at the crossing of a public highway by one of defendant’s locomotives, and that as the train approached said crossing the whistle was not sounded until the train approached within from *642four to six rods of said crossing. There was no evidence offered as to whether the…