Young v. Woodward Iron Co.

The case was submitted to the jury under the second count of the complaint, charging that defendants’ servants or agents, “after becoming aware of the peril of plaintiff’s intestate being injured by said collision, negligently failed to use all of the means at their command to avoid said collision, when by the use of said means said collision would have been avoided and intestate’s death would have been prevented.”

The burden, therefore, was on plaintiff to show that a servant of the defendant corporation, in service on its train on this occasion, discovered that plaintiff’s intestate was in…