Wolf v. New York, Chigago & St. Louis Railroad

ON MOTION FOR REHEARING.

Appellant in its motion for rehearing charged that in our opinion we incorporated facts cited in opinions in other cases and considered such facts as evidence against appellant in this case. If that charge were true appellant would have just grounds for complaint. Such is not the case. Respondent's witness, Kaveney, had had thirty years' experience as an engineer. He testified that if the engineer operating the train had applied the emergency brake at the time the service brake was applied the truck in which deceased was riding would have cleared the track in safety.…