Chicago, R. I. & P. Ry. Co. v. Jones

RILEY, O. J.

This is an action to recover damages for and on account of alleged negligence in killing and injuring certain cows belonging to defendants in error at and upon a public crossing about one mile south of Duncan, Okla.

Two questions are presented:

First. Whether negligence may be predicated upon failure to give a statutory warning at a mossing where the pleadings and proof of the plaintiff show that the owner in charge of and driving his cows over the crossing heard the whistle sounded at a crossing about one-half mile from the one on which the injury occurred, and saw the train…