Holland v. Schaff

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for negligently killing one mule and injuring another. The plaintiffs recovered, and the.defendant appeals.

On the evening of the accident a freight train came into Fort Scott from the west. After leaving the main line and *237taking a passing track, the engine stopped to take water at the west side of National avenue, a street running north and. south. A passenger train coming from the west on the main line was due to arrive in a few minutes. The freight train was too long for the passing track, and in order to…