Bledsoe v. Missouri, Kansas & Texas Railway Co.

Plaintiff’s action is to recover the value of a mare colt killed by one of defendant’s trains at a road or street crossing in the village of Hartsbnrg, Boone county. The judgment was for plaintiff.

The negligence charged in the petition was that defendant ran its train without either ringing the bell or sounding the whistle, eight rods before reaching the crossing as is required by section 3140, Revised Statutes 1909. The evidence tended to sustain this allegation and that it caused the collision which killed the colt.

An instruction for plaintiff required defendant to either ring the bell or…