Missouri Pacific Railroad v. Coca Cola Bottling Co.

A truck belonging to appellee, the plaintiff below, was struck and completely demolished by a passenger train of the defendant at a public crossing. •The complaint charges the defendant was negligent in that the train was operating at a dangerous rate of speed; that the defendant failed to keep a proper lookout for travelers at the crossing; that the defendant failed to give the statutory signals; and failed.to stop the train after discovering the peril in which plaintiff ?s truck was placed.

The testimony is conflicting as to whether the statutory signals were given as the train approached…