Schimke v. Chicago, Milwaukee & St. Paul R'y. Co.

Citations

• 11 S.D. 471
• 78 N.W. 951
• 1899 S.D. LEXIS 19

Syllabus

<p>In an action to recover for stock killed by a train, the engineer testified that he saw the cattle when half a mile away, that one came on the track 40 rods ahead of the engine, and he whistled for brakes, and the speed was reduced from 30 to 10 miles an hour before the cattle were struck, and it was not possible to stop the train ■ after he whistled for brakes, before the accident. A bralteman testified that he heard the call for brakes 40 rods from the point of accident’, and set six brakes, and the other bralteman set the rest. Two witnesses for plaintiff testified that they stood a quarter of a mile from the track, and saw the train a mile away; that the whistle was blowing, and the cattle ran ahead of the engine 70 rods before they were struck; that none of the brakes were, set; that there were no men on the cars, and there was no decrease of speed. Held, that the question of the company’s negligence was properly submitted to the jury.</p>