Brininstool v. Michigan United Railways Co.

The plaintiff, driving a team of horses in the highway, adjoining the track of the defendant’s *173railway, was thrown, from the wagon and injured. The team was frightened; the wagon and harness broken. He alleges in his declaration:

‘ ‘ The said defendant, by its agents, servants, and employés, again sounded said whistle, without any reason or cause therefor, a large number of times, for the express purpose of frightening said team, and of injuring said plaintiff; that at the time said whistle was sounded as aforfesaid, said car was not approaching any crossing nearer than 1^- miles from the…