Ocheltree v. Chicago & Northwestern Railway Co.

A petition for a rebearing, and an amendment thereto,- have been filed in this case, assailing the opinion, and particularly so much of it as relates to the charge to the jury. It seems -to be t-he thought of the plaintiff that this- court has -announced the rule that a railway employe in charge of a locomotive is not negligent in blowing the whistle at a railway crossing, when a team of horses is near it, unless he should know, from the conduct of the team at the time, before the whistle is blown, that injury would be likely to result. If such a rule had been approved by this court, there…