Gibbs v. Missouri Pacific Railway Co.

This is an action begun before a justice of the peace, for damages. The petition alleges that, on February 14, 1880, as plaintiffs’ wagon was approaching on the highway a public-crossing of defendant’s road, defendant carelessly and negligently caused one of its locomotives to approach the-crossing and to pass rapidly over the track-, and omitted its-duty of giving any warning; by reason of all which plaintiffs were unaware of its approach, in consequence of which, the locomotive struck plaintiffs’ wagon, oversetting it and the merchandise it contained, to plaintiffs’ damage $167.10.

There was…