1 Indian Terr. 646 | Ct. App. Ind. Terr. | 1898
(after stating the facts.) There is some conflict in the evidence in this case as to the distance the train was from the cow when the cow got upon the track and also as to the speed the train was running. The evidence of the plaintiff is that the train was 200 yards from the cow when she got upon the track, and the evidence of the engineer is that she was about 90 feet from the engine; that she got off the track, and he thought she would remain off, but that she came back on the track when the engine was about 50 feet from her. The evidence is that there was a slight curve, but it was upon the prairie, and the view unobstructed, and, as witness White testified, the “engineer could have seen a dog.” The evidence further is that the train made no effort to slacken.its speed, but, as it approached the cow, rather increased it, and the speed they were running is estimated from 10 miles per hour, by defendant’s witness, to
