Burlington-Rock Island R. v. Whitmire

HALE, Justice.

This is a damage suit. It originated in the Justice of the Peace ’Court. Appellee alleged in substance that appellant’s freight train struck and killed his cow in the town of North Zulch on May 6, 1944, to his damage in the sum of $115. He further alleged as grounds for the recovery sought that appellant’s agents, servants and; employees were negligent in the operation of the train on the occasion in question in that (1) they failed to maintain a proper lookout, or (2) to sound the whistle or (3) to ring the bell on the locomotive as required by law, and (4) they were operating…