Jackson v. Crilly

Richmond, O.

This action was brought tty appellee, plaintiff below, to recover damages for the death of John Orilly, her husband, while a passenger upon the train run and operated by tbe appellant as receiver of the Denver & Rio Grande Railway Company. The defendant, among other things, pleaded circumstantially that the death of Orilly was caused by his own contributory negligence.

The undisputed facts appear to be that the decedent, *105Crilly, was one of a large number of persons who attended a picnic at or near Mitchell’s station on the Red Cliff branch of the Denver & Rio Grande Railway. That…