Chicago, Burlington & Quincy Railroad v. McGaha

This is one of those actions, now so frequent, for injuries caused by negligence, in which the principal questions are whether there was ordinary care used by the plaintiff, and whether the defendant was guilty of gross negligence.

The plaintiff in her declaration alleges in the first count that she was driving along a highway, using due care. That defendant’s servants so carelessly ran a locomotive engine and train, in not ringing a bell or blowing a whistle, that said locomotive ran so close upon the plaintiff’s horse that it became frightened and whirled round upsetting her carriage and…