Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-04-07
TITUS VS.. The S. P. R. R.
EVIDENCE IN BEHALF OF THE
PLAINTIFF.
Full Text Of Judge Haw!ey's De-
cision.

run ext OF Judge r1dWseyS LIZ
cision.
The contention i'm this case was
whether there was any evidence that
defendant obstructed the culvert
which it had constructed over the
public highway leading from the town
of Truckee to Tahoe City, by deposit
ing snow therein? Whether it was
legally responsible for an injury re-
sulting therefrom? and whether plain
tiff was guilty of contributory negli-
gence in driving into the culvert un-
der the circumstances detailed in the
evidence.
The case Of J. C. Titus, VS.. the
Southern Pacific Company.
Extracts from the reporters notes Of
evidence.
J. C.. Titus testified as follows:
This Sunday morning we had some
work to do in the slaughter-house and
it was customary for him to help on
Sundays: So that morning
about half past eight or nine o'clock 1
should Judge, went to the slaughter.
house he and I together. We had
no trouble and went through the cul-
vert and went to the slaughter-house.
Q. What were you driving in?
A. Sleigh with two horses.
Half past twelve or one o'clock.
1 got iu the sleigh and started
for the town. In going to the town
just before 1 got to the culvert, I saw
five engines and q pusher going down
ahead OF me. There was
nothing the matter with it (the culvertl
in the morning when 1 went through
SO drove into the culvert. 1t was a
very binding storm. Idrove
down under this culvert and 1 hasten
ell up and didn't know anything until
the team was out from underneath
the culvert. All I recollect was that L
went in When l came to / found
myself hollering and suffering terri
bly, and all doubled up in a knot.
X
Il went under the first timber and |
felt something touch my head. |
ducked INV head and then the other
timber caught me back of the shout
ders, and having this foot on the foot
board and this timber cate
ing me here (showing) it threw my
chest right down on my knees, which
Just caved me in, and the timber
crowded me back right out over the
foot-board. 1t broke my back in two
and knocked some of my ribs loose,
and was all doubled up in this shape
(showing) when was found
@. Was there plenty of room for
you and your companion to go
through this trestle (culvert in the
morning?
A. Yes Sir.
O. What were they doing with the
engines and the pusher?
A. They wele pushing the snow off
the track.
Q. Did you see snow being pushed
ahead on tneSe puSHeTS!
A. Yes sir; 1 could see a good deal
of snow on the pusher ahead.
Q. Do you know what the condition
of the culvert was?
A. There was just the wall and the
timbers and the ties laid on top of
them and the railroad track on top OF
the ties were open about six or eight
inches apart
"There was nothing there to guard
the snow from falling into the culvert
and there was nothing on the side of
it. More would fall on the two sides
than between the ties.
las travelled from the slaughter
house travelled almost with the wind.
I think the road runs almost East
and West, running parallel with the
railroad till in turning under the cul
vert, it runs almost north. As Turn
ed into the culvert the wind came
upon me from the West
1T bothered my seeing it seemed
as though when l got to the bridge
there everything was worse when l
got there. There seemed to be a per.
feet furry Of everything just as / was
going into the culvert. could just
see a hole there, and drove into it as
1 generally did, supposing everything
was alright. I had always gone in
there and through there hundreds Of
times before that time and supposed l
was alright then or would not have
gone in the way did"