Chicago, Rock Island & Pacific Railway Co. v. Sporer

Tbe plaintiff’s intestate was killed by one of the defendant’s trains, while he was driving across its track between the stations of Murdock and South Bend in Cass county. He recovered a judgment for damages in the district court for Cass county, which the company has brought here for review. Defendant’s passenger train running from Lincoln to Omaha left Murdock about ten minutes behind' its schedule time; and at the second section line crossing from Murdock the accident occurred. The petition alleged that the defendant was negligent in constructing its railway at the crossing of the highway…