Butler v. Missouri Pac. Ry. Co.

DAWKINS, District Judge.

This is a suit for damages for the alleged negligent killing of plaintiffs’ intestate. It in substance charges that deceased, in the ’broad open daylight, approached a crossing of the defendant’s track in a northeasterly direction and slightly parallel thereto, while the train came from the south. It is alleged that the engineer failed to keep a proper lookout, was running at an excessive rate of speed, failed to give any proper signal, and could have, by the exercise of ordinary care, discovered the peril of the deceased in time to have avoided the accident.

Defendant…