Missouri Pacific Railroad Co. v. Grady

Kirby, J.,

(after stating the facts). It is insisted that the testimony is insufficient to support the verdict or to show any negligence in failing to keep a lookout or that the injury was caused by the operation of the train.

The undisputed testimony shows that the place where the injury occurred was on a straight stretch of track 3' or 4 miles long and unobstructed in any way from the. place where the decedent appeared to have been struck by the train to far beyond where the body was found lying between the rails on the track badly mangled and torn. That both engines and trains that passed by…