St. Louis, Peoria & N. Ry. Co. v. Rawley

The evidence as to ringing the bell and sounding the whistle, as is common in cases of this character, is conflicting and irreconcilable. It is a case where instructions should be accurate, and the rules of evidence strictly applied. The right of way of the track upon which plaintiff in error’s train was running, belonged to the C. P. & St. L. Ry. Co., which company managed and cared for it, defendant in error paying for using the rails upon a wheelage basis. This fact would not, however, excuse defendant in error for damages caused by the condition of the right of way. When it, as a common…