Missouri Pacific Railway Co. v. Griffith

The opinion of the court was delivered by

Johnston, C. J. :

At a crossing near the town of Lane a train of the Missouri Pacific Railway Company collided with a .team and wagon driven by C. L. Griffith, destroying the wagon, killing one mule, crippling another, and greatly injuring Griffith. He *131brought this action to recover the damages sustained. The only negligence alleged against the railroad company in his petition was that the locomotive, with train, which struck him “was being negligently and recklessly managed, in this, to wit: that it was being run at a high and reckless rate of speed ;…