MR. JUSTICE DAVIS, in delivering the opinion of the court.
Remarked that the decision rendered in Milwaukee & St. Paul Railway Company v. Arms et al., supra, controlled this case. In no view of the evidence was the court below justified in instructing the jury that exemplary damages could be recovered. The omission to station flag-sentinels, or to give some other proper warning, while the men were engaged in putting up the wire, was an act of negligence...
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