Spelman v. Delano

In this action recovery is sought for the negligent killing of a horse by defendant’s train at a public crossing. The negligence charged was a failure to obey the statute with reference to ringing the bell and sounding the whistle eighty rods from the crossing.

On the occasion in question the horse was being ridden along the public road by one Dan Cook, a young man who was engaged in working by the day for plaintiff. Cook lived about two miles from plaintiff’s house. He spent 'his nights at home, furnished his own meals, and quit work every evening at six o ’clock. Occasionally he would ask…