Winey v. Chicago, Milwaukee & St. Paul Railway Co.

1 *6242 3 *623I. The plaintiff’s petition is in two counts. In the first he seeks to recover for damages done to his wagon, which he alleges was struck and injured at a highway crossing on defendant’s line of road, through the negligence of defendant, and in the second for injuries done to his person, loss of time, etc., by reason of the collision. The alleged grounds of negligence are: “First, the failure of the defendant to sound the whistle or ring the bell of the locomotive engine of the train before reaching the crossing where the injury occurred; • second, because the defendant had constructed…