Missouri Pacific R.R. Co. v. Foltz

This is a suit for damages for killing a dog by the operation of appellant’s train. It is conceded by appellant that “under the testimony adduced on the part of the plaintiff and that admitted in evidence by stipulation of counsel on the part of the defendant, a question of fact was presented for the determination of the jury.” There are hut two assignments of error which are here pressed for reversal of the case.

1. During the progress of the trial one of the witnesses was asked if the whistle or bell of the train sounded and he answered, “No.” To this testimony the defend-' ant objected on…