The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-08-18
DUE TO HISOwN NEGLIGENCE
While Drunk Fell Asleep With His
Legs Protruding Across
the Track.

died Wednesday night as the result OF
injuries received on the same day in
the Northern Pacific yards.
Policemen Mowre and Salisbury testi-
fed that they saw the deceased about |
hree-quarters OF an hour before he
was run over and that he was much |
the worse for liquor Although he
staggered some, he was not noisy and |
they concluded not to arrest him. The
last they saw of him he was walking |
north from Minnesota avenue toward
In their opinion he was drunk enough !
to make it highly probable for him
to meet with an accident in walking
about the railroad yards.
DIR. Cliff Lindsey described the ma
ture OF the mans injuries, which con-
sisted of the mangling OF both legs
was necessary. The man had no pulse
at any time and when he was placed
upon the operating table he was prac-
tically dead, but revived to such an
extent that it was deemed advisable
to operate in order to stop the loss
OF blood. Injections OF different kinds
OF stimulants were administered after
the amputation. Death, the doctor said,
resulted from being run over by the
cars and the ensuing injuries.
w. H. Walters, engine foreman, tes-
titled that the accident occurred at
6:O5 o'clock of the evening OF August
12 He was engaged in switching and
the engine, No. 957, was pushing four
cars onto the Yegen sidetrack to cOu-
pie onto some cars standing there.
He said he missed the first time he,
tried to make the coupling and the
car ran about Is feet, when he heard
a man hallow He went to see what
had occurred and found Davis lying
with his head under the platform OF
the warehouse and his legs across the
track. The witness started T, take
him out and a man standing near Of
fered to help him. When the man
saw how badly Davis was injured he
dropped him and ran away, being made
sick by the sight. Two other men
came to his assistance and they car
ried Davis to the other side of the
track 1t was then that the wounded
man told him his name.
Walters said the cars had been
standing on the siding since Ais that
afternoon. When the accident occur
red the witness was two car lengths
from Davis and did not see him. 1t
was impossible for him to see the
man from where he was, the witness
said.
Asked to describe the place. the
witness said that the platform was
far enough above the ground to enable
a man to crawl under 1T. The ground
under the platform slopes toward the
track at considerable angle. The
distance between the edge of the
platform and the track is only about
two feet.
After hearing all of the testimony
available the jury returned verdict
that Davis had come to his death by
being run over by freight car in
the Northern Pacific yards, and held
the company and it's employees blame
less, attributing the cause of death
to the deceased's own negligence.
After he had waited until Saturday
morning in the hope that he might
receive reply to the telegram he sent
to the brother of Davis at Center
Vile, Undertaken Settler concluded to
bury the body of the dead man at
the expense of the county. 1t is re-
garded as certain that the dispatch
was delivered, as notice to the con-
trary was not received by Mr.. Settler
from the Butte Office the, place of de-
livery.
F. c. Victory, 2915 Montana ave-
pro ono-half block west Of nuhlic