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NORTHERN PACIFIC RAILROAD v. FREEMAN

No. 241.

174 U.S. 379 (1899)

19 S.Ct. 763

43 L.Ed. 1014

NORTHERN PACIFIC RAILROAD COMPANY, v. FREEMAN.

Supreme Court of United States.

Decided May 15, 1899.

Attorney(s) appearing for the Case

Mr. C.W. Bunn for plaintiffs in error.

Mr. Stanton Warburton for defendant in error submitted on his brief, on which were also Mr. J.B. Bridges, Mr. O.V. Linn and Mr. Sidney Moor Heath.

MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.

There was testimony from several witnesses in the neighborhood tending to show that no whistle was blown by the engineer as the train approached the crossing. There was also the testimony of the conductor, engineer and fireman that the whistle was blown. As the majority of plaintiffs' witnesses were so located that they would probably have heard the whistle if it had been blown, there was...

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