Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-04-07

seemed to be simply blur?
A. Yes sir. 1t kind of lifted up all
the snow around me, like as if l was
in whirl storm.
@. Were you able to see through
the culvert?
A. No sir; because you come
around turn. Even when there is
no snow on the ground, you cannot
see through the culvert until you set
right into it. n
Q. How far is the turn from the
culvert?
A. 1t is only a little piece. You
turn right around the cabin there and
turn right into the culvert.
Q. Did you notice as You drove in
to that culvert, whether there had been
any snow thrown off by the snow pillow
on the south side?
A. No Sir. 1 could not tell you
positively whether there was or not
| any snow thrown in by that or not /;
except that 1 got in and got tied up.
L observed there was ridge on each
side. XXX Y
Q. Are you prepared to state OF
your own knowledge Mr.. Titus that
the snow plows there had left any ap-
probable amount OF snow at that Gull
| vert?
A. am pretty sure. Yes sir.
q. Are you prepared to say OF your
own knowledge?
A. Yes. x X
Q. Did you endeavor to stop.
A No sir. I didn't endeavor to
stop. / didn't think what was the
matter I was holding on to the
reins. 1 ducked my head. Then the
other timber caught my shoulders
and drove my breast down on my
knees I didn't have time for any
thing else; was shut up In there
just like jack knife. 1t was all done
in the snap OF your finger.
Q. Having seen the snow pillow pass
over the track short time before you
passed into the culvert, did it not oc-
cur to you to stop and see whether
there was any obstruction there?
A. No sir it never occurred to me at
all I didn't think of any danger. Ii
1 had thought Of any danger I would
surely have stopped.
@. You say Mr.. Titus, with all the
knowledge in your possession, that
all the snow which was piled up there
which contributed towards your acct
dent, was the result of the snow plows
or the wind?
A. Some of both.
Q. Which was the preponderating
cause.-the principal cause?
A. I should Judge it tc be the snow
plows. because what fell from the
snow plows would fall solid, and the
soft snow | never had any trouble
with that. but this snow was seeming
ly hard. Undoubtedly if it had been
soft the horses would have pulled me
through
Decision of the Court.
A II Prentiss testified as follows
O. Was there much snow in the
culvert at any time when you passed
through it?
A There was on the 5th of Febru
Q. You say you found consider
able snow in the culvert?
A. Yes.
@. Do you know how it got there?
A. L couldn't swear to it altogether.
@. What do you know about it, if
anything?
A. As I approached it, | found
considerable soft snow on the north
side: soft snow at first AS L went
through / came to a ridge OF
snow; then directly under the track
it was lower; sagged underneath
then raised again as I came out on
the other side.
Q. Was that hard snow on the
other side?
A. Yes
o. What did it look like?
A. A snow ball all broken, good
deal of uneaveness about it. xxx
@. Do you know anything about
the railroad Company putting snow
there? Have you ever seen snow
dumped there by the railroad COM
pany in that culvert?
A. | have shoveled it into it and
out of it,
Jacob Lambert testified as follows:
O. How soon after the 18th day of
February, if at all, did you see the
culyert under which this road passes?
A. 1 passed that road once on the