The record-union., 1891-04-01

the locallly are as IOllOWS: Inc main
track ran east and west. Almost parallel
with it, and few feet to the south, was
a side switch, which ran alongside a
platform about four feet high, and
came into the main track a lit
tie farther to the east. The
platform was about 100 feet long, and was
about three feet from the first rail of the
side switch. The train was headed to-
wards the east. Its forward part. con-
sisting of the engine and some fiat cars,
uncoupled from the caboose (which was
left standing on the main track opposite
the plattorm) for the purpose of taking on
some box cars which were on the western
end of the side switch.
Mrs. Shiyely got into the caboose, and,
the plaintiff and Miss Furnish having
taken leave of her, started to go around
by the western end of the platform to the
street which crossed the track there
They changed their minds, however, and
went towards the eastern end. By this
time the engine and the platform cars
were backing down the side switch, and
plaintiff was aware of the fact. She
says: II knew the train was switching
before crossed, but i thought had time
to escape any danger" "And l thought
that the space between the cars-I had
never paid any particular attention to
that-and l thought that the space be-
tween the cars and the platform would
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along, without being injured in the
least" She crossed the switch just at
the end of the box-cars.' Miss Furnish
did not cross the switch. In this regard
plaintiff says: "At this time Miss Fur
nish was with me. She did not cross the
track with me. / told her I thought we
had ample time to get across. L don't
know what her answer was, exactly.
know she didn't come. l could not say
whether she said anything to me about
going, or that there was not time to cross
the track before the cars came. There
was no time for talking. She might have
spoke, but did not hear" Miss Fur
nish says that she did not cross because
she was afraid.
There were two brakemen employed
on the train. One of them (Ferguson)
was on the ground near the boX-car for
the purpose of signaling the engineer
The other (Williams) was on the end of
the fiat-car, but got down to make the
coupling when the end of the train
neared the box-car. He says: ga young
lady ran in between the boX-car and the
tiat-car, and told her to get out of there
or you will get hurt, and she said l am
not afraid" The fact that he did say this
is corroborated by Miss Furnish, by one
Benton, IAN engineer and pumper''
about the station, and by Mrs. Shively.
The plaintiff says that if the brakeman
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Is assumed that her statement in this re-
gard is true.
After she had crossed the switch she
found that she had not time to get around
the platform before the end of the train
reached her, so she stood with her back
against the platform. While standing in
this position the flat cars passed her but
did not touch her, and she does not seem
to have been alarmed. In this regard her
testimony was as follows: "Q.-The
brakeman at this time was about six feet
from you. Could you not have spoken
to the brakeman and asked him to hold
until you could get around the corner :?
A.-Yes, sir, could. Odd you attempt
to? A.-No, sir. Q.-Did you do any
thing but press back against the plat
form? Al did not because L thought 1
was perfectly safe" The same sense of
security appears from her conversation
with Mrs. Shively. The latter says: ''I
looked out the caboose window and saw
the plaintiff standing between the flat car
and the platform. l told her thought it
was dangerous place where she was.
She said she was all right;'' and the
plaintiff admits that this conversation
occurred.
The defendants employees evidently
shared plaintiffs opinion that there was
no danger, for they paid no further atten-
ton to her. The brakeman, Williams,
says: 81 went about my work, made the
coupling, and Mr.. Ferguson, the other
brakeman, gave the signal to go ahead
When he gave the signal to go ahead, the
girl was out Of my sight. 1 did not sec
her. She must have gone behind the
box-car or would have seen her." The
engineer says he did not see her when he
got the signal. And the fireman who had
seen her cross the switch says: ''She dis
appeared from my sight; / cannet tell
which way she went" And he went on
ringing the bell without troubling him
self further about the matter.
The plaintiffs account does not differ
materially from this. Her testimony is
as follows:
"Q.-You did not ask either brakeman
to stop the train? A.-No, sir. O.. But
simply pressed back against the platform?
Al did. Q.-State whether or not YOU
are positive that both these brakemen
saw you. Al am positive. Q.-I ask
you now with reference to that Do you
mean to say at this time that both of these
brakemen were looking at you at the
time the car was coupled, and you were
standing here, pressed up against the
platform? Al mean to say that both
could have seen me. Q.-You mean to
say that both could have seen you? A
Yes, sir. Q.-You don't mean to swear
you at that time? Al didn't say thew
were looking at me at that time, but
know positively they both saw me. They
saw me standing there. Q.-At some
time? A.-At some time. Q.-You don't
mean, then, however, to be understood
by the jury that at the time the coupling
was made and the signal given to start
that both these brakemen were looking
at you in this position? Al
could not say they were looking at me
just at that time, but I am positive they
both saw me. Q.-As l understand, you
are positive that while you We're stand
ing there, and the train was coming in,
that they saw you over on that side of the
car? Ayes sir"
These extracts show clearly enough
that the employees on the train saw the
plaintiff go in between the fat-cars and
the box-cars, and saw her standing up
against the platform as the fiat-cars
passed her, but paid no further attention
to her-apparently sharing her belief that
she was safe.
But neither she nor they seem to have
thought of the fact that the box-cars were
wider than the fat-cars She saws
When the cars began to move / noticed
that the boN-car was considerably wider
than the fiat. Then / fully realized my
danger. Not until that time" The first
box-car struck and crushed her shoulder.
Whereupon she threw herself upon the
ground and the train passed without in
juring her further.
All of the foregoing facts appear with
out substantial contradiction. The only
conflict is as TO whether she heard the
brakeman tell her not to go in there, and
for the purpose of the opinion it is as
suned that she did not hear him.
Upon these facts, it seems clear that her
own negligence contributed directly and
proximately To the injury. She had
voluntarily placed herself in dangerous
position-a position in which, as it turned
out, she would be almost certain to be in
Jured by the running of the cars in the
ordinary way, and from which her more
prudent companion shrank back in fear.
Now III 1LG la.a.. n 20 ~. . .l 49,.