Duggan v. Chicago, Milwaukee & St. Paul Railway Co.

Salinger, J.-

— I. Neither side claims anything for the equipment of the train. In fact, plaintiff makes it a ground for argument that defendant was negligent because the brakes and other equipment were such as would have enabled defendant to stop in time to save decedent from injury. It is, however, claimed that the fireman was negligent; that defendant was, because: For a long distance before reaching the crossing at which decedent was killed, the track runs on a down grade; the train was running at a high rate of speed, to wit, 35 miles an hour, on its own momentum, without the use of…