Chicago, Rock Island & Pacific Ry. Co. v. Cain

SPEER Associate Justice.

This is an action by appellee against appellants to recover damages for injuries sustained in a wreck near Union City, Oklahoma. The petition alleged negligence on the ground that appellants had failed to provide a safe passageway for water through an embankment running across a draw at the point of the wreck, so that water accumulated at that place and flooded the track and washed it out; also that the appellants were negligent-in operating the train through the storm that was prevailing at the time of the wreck. The principal defenses were that the wreck was…