Baker v. Missouri, Kansas & Texas Railway Co.

*264The opinion of the court was delivered by.

West, J.:

Baker, in approaching a crossing of the defendant’s track, was injured' by his horse becoming frightened ,a,t a railroad tricycle passing in front at a speed of eight or ten miles an hour, and sued for damages. The defendant appeals from the judgment rendered against it and alleges various errors. It is necessary to consider but one — the exclusion of certain evidence. The jury .answered forty-seven special questions, finding the plaintiff negligent, and the defendant guilty of gross negligence in that its employee, when seventy feet from the…