42 Iowa 677 | Iowa | 1876
It is stated in the petition that “ the defendant in running its cars on its track in Webster county, Iowa, so carelessly, unskillffilly and negligently conducted, run and managed the same, that the said William Lang was run over and killed thereby, while rightfully passing along and across the track of said defendant.” And it is shown by the testimony that the deceased was a coal miner in the employ of defendant, who muxs engaged in the business of mining and shipping coal. The railroad track ran along side of the traveled highway for some distance and finally crossed it. The 'day of the accident was very cold, and the wind was blowing hard from the north. The deceased, having boon at work at the mines and being unwell, quit work and started home about
On the evening in question the deceased,,his daughter and Cora Jones, got on the track some distance from where it crossed the highway, and passed along it going north and facing the wdnd. The train at the time was coming from the south and also going north. The testimony was conflicting whether the whistle was sounded or the bell rung. .The testimony of the deceased’s daughter Martha is as follows: “ I am fourteen years of age. I was living with father at the time of his death. On that day I was at school. I was a few steps in front of m3 father at the time he was killed. He was on the crossing at the time the cars struck him, I believe. He could not have been very far, for we were both walking about the same. He was going home from work at the bank. Cora Jones was with us and we were all walking together. We got in advance of father because we were running, and were a few steps in advance of him when we started to run. I do not know whether it was after I stepped off the track or not when I first saw the cars. I looked around and did not see father. It had not struck him. I and Cora went on after we had got off the road. I did not see the cars strike father. I was on the west and father on the east side of the road, and I saw him under the cars just a few steps north of the crossing. I mean by the crossing the place where the wagons cross on the highway which was one length of plank over the track. He was ten or twelve feet north of the plank under the cars when I first saw him. They did not ring the bell or sound the whistle and were running a great deal faster than usual, I should think. They did slacken their speed after the accident. The
Reversed.