Sterlane v. Fleming

(dissenting) — I desire to dissent from Division I of the majority opinion. That division approves an instruction relating to the character of a crossing over the railway right of way of appellants about one-half mile west of the town of Homestead, Iowa County, Iowa. It was at this crossing the injuries claimed took place.

Appellees claimed that the crossing in question was a public crossing over tbe railroad right of way and that appellants were negligent in that the train which struck and injured appellees failed to give the statutory signals required: ringing a bell and sounding a whistle.

Ap…