Missouri Pacific Railroad Co. v. Foreman

Appellee’s intestate was killed at a crossing by one of appellant’s passenger trains. The usual questions arising in such cases are present in this case, and are discussed in the briefs of opposing counsel. We find no error in the record except in the particulars hereinafter stated.

There was a sharp conflict in the testimony as to whether the whistle was blown or the bell rung’ as the train approached the crossing, and in discussing the character of the crossing Mr. Tackett, of counsel for appellee, in his argument before the jury, said: “I have been over that crossing’ many times, and lots…