Mankey v. Chicago, Milwaukee & St. Paul Ry. Co.

Citations

• 14 S.D. 468
• 85 N.W. 1013
• 1901 S.D. LEXIS 47

Syllabus

<p>Comp. Laws, § 3016, provides that, whenever a railroad train approaches any crossing, a bell shall be rung or a whistle blown, and that, in case of neglect, the railroad shall be liable for damages sustained by any person by reason of such neglect. Held, that where a horse was injured by being run into by a train between a whistling post and a crossing, and no statutory signals were given, there could be no recovery lor the injury, in the absence of evidence that such failure was the cause of the injury.</p>