Saitta v. Yazoo & M. V. R.

Plaintiff claims damages for the death of her husband, alleged to have been caused by the fault of defendant.

The judge below gave judgment for defendant, and plaintiff appeals.

Opinion.

Deceased was struck by the right end of the pilot beam of defendant’s locomotive and instantly killed. He was walking down the track ahead of the engine in broad daylight, just outside the rail. A step of a few inches to the right would have put him in a position of safety. Dispute arises in the testimony as to whether the engineer, who saw deceased on or near the track néarly a mile away, gave any warning of…