McBride v. Northern Pacific R. R.

Lord, J.,

delivered tbe opinion of the court.

This was an action brought by Mariam Benham, as administratrix of her husband, John L. Benham, deceased, against the defendant company for negligently causing the death of plaintiff’s intestate by running over him with a locomotive while he tvas crossing the defendant’s railroad at a public crossing.

The answer denied the negligence alleged, and set up that the injury of which complaint is made was caused by the contributory negligence of the plaintiff.

The reply denied the new matter, and issue being then joined, a trial was had, which resulted in a…