Allan v. Oregon Short Line Railroad

ON REHEARING.

MORGAN, J. —

The fireman after testifying, as shown in the original opinion, that the truck was standing 12 or 15 feet from the east rail when the locomotive was about a half or three-quarters of a mile from it, was cross-examined and testified repeatedly to the same effect. During his cross-examination he testified further, that the boy started the truck across the track within a second or two after he got in it. He was asked:

' “Q. And at the time that he got in you were about 2,000 feet to the north?

“A. When he got into the truck; yes, sir.”

It is urged that it was the duty of…