Lake Shore & Michigan Southern Railway Co. v. Beam

We have decided to reverse the judgment in this case for the following reasons: First, there was no evidence tending to support the second count of appellee’s declaration ; and in describing the tort and the means by which it was effected the pleader averred that while appellee’s horse was facing the locomotive engine and cars, and then and there for the first time, when appellee’s horse was within six or eight feet of said locomotive engine, the servants of appellant did blow the whistle and ring the bell of said locomotive engine, and frighten appellee’s horse by its sudden approach, its…