People v. Rivera Rivera

The defendant was operating a locomotive of the American .Railroad Co. which struck and .killed Petrona Cruz at the intersection of a country road and the right of way of the railroad. The defendant was thereupon charged by the Fiscal with involuntary manslaughter, the information alleging- that he operated the train which struck and killed the decedent “without due caution and circumspection.” Section 203, Penal Code, 1937 ed. The bill of particulars filed by the Fiscal recited that “The negligence of the defendant consisted in operating the locomotive at an excessive speed which was not…