Moler v. Chicago, Rock Island & Pacific Railway Co.

*281The opinion of the court was delivered by

Mason, J.:

Joel N. Moler was in a wagon, driving south on the main street of Esbon, toward its intersection with the Rock Island railroad, as a passenger train approached from the west, the station being about 350 feet east of the street. The engine struck the horses and overturned the wagon, causing injuries on account of which Moler sued the receivers of the railway company. The plaintiff recovered and the defendant appeals.

The only question presented is whether the special findings show conclusively that the accident was due to the plaintiff’s…