Chicago, Burlington & Quincy Railroad Co. v. Yorty

This is an action on the case, brought by appellee, against appellant, to recover damages for injuries alleged to have been sustained by him through the willful, wanton and malicious conduct of appellant’s servants. The wrongful acts charged in the declaration were the sounding of the locomotive whistle of a passing freight train on defendant’s railroad in such a loud, needless, wanton and malicious manner, and the causing of steam to be emitted from the steam-chest and cylinder of the locomotive in such a needless, wanton and malicious manner, as to frighten the plaintiff’s team and render…