Emery v. Atchison, Topeka & Santa Fe & Railway Co.

The opinion of the court was delivered by

West, J.:

The second cause of action is not involved in this appeal. The first is this: The plaintiff came to town, hitched his team to a rack and went into a store; a boy on a bicycle ran into the team and scared them; they entered upon the railroad of the defendant at the Indiana street crossing, followed up the track some distance, and Were killed by a train coming from the opposite direction. It was between eight and nine o’clock in the evening but the horses were not seen by the engineer or fireman. The jury returned a verdict for the plaintiff and…