St. Louis & S. F. Ry. Co. v. Barker

THAYER, Circuit Judge.

This was a railroad-crossing case which originated in the Indian Territory. W. N. Barker, the defendant in error, who was the plaintiff below, was driving an ox team across the track of the St. Louis & San Francisco Railway Company, the plaintiff in error, at a place called “Moyer’s Switch,” in the Indian Territory, when he was struck by one of the defendant company’s freight trains, and sustained injuries on account of which lie instituted the present action. As the sole question presented by the record is whether the trial court erred in refusing to direct a verdict…