Pennsylvania Rd. Co. v. Vitti

It is to be observed that the jury-in the special verdict found that at the time and place in question the defendant was operating its train at a speed of more than 8 miles an hour, and that the engineer thereof could have seen the plaintiff’s decedent when the train was 800 feet distant from him, but did not see him; that no whistle was sounded as the train approached the depot; that Lupe was not careless; and that the proximate cause of his death was the speed of the train, the failure to whistle, and failure of the engineer to see Lupe. The further finding is that in being where he was at…