Whitehead v. Missouri, Kansas & Texas Railway Co.

The plaintiff was injured by his horses running away while he was driving across a railroad track. He sued the railway company for damages and recovered a judgment, from which the defendant appeals. The only question presented is whether the judgment is consistent with the special findings, which showed these facts: The highway on which the plaintiff was traveling crossed several tracks near the depot. As he approached the crossing from the west it was blocked by a passenger train, and he stopped thirty or forty feet from the first track. On the third track he saw an engine standing still,…