Grant v. Chicago Etc. Ry. Co.

The evidence in this case shows that defendant's engine gave no warning of its approach to the crossing in question at the time of this accident, as required by the foregoing section. Appellant so testified. In the absence of contradictory testimony this certainly makes a prima facie case of negligence on the part of respondents. (Hunter v. Montana Cent. Ry. Co.,22 Mont. 525, 57 P. 140; Sprague v. Northern P. Ry. Co.,40 Mont. 481, 107 P. 412; DeAtley v. Northern P. Ry. Co.,42 Mont. 224, 112 P. 76.) Plaintiff had the right to assume that the defendant would give all warnings required by the…