Horne v. . R. R.

CLARK, C. J., concurring; HOKE, J., concurring in part; WALKER, J., dissenting; BROWN, J., concurring in the dissenting opinion. (646) Action to recover damages for wrongful death, alleged to have been caused by the negligence of the defendant.

Plaintiff's intestate was a section foreman of the defendant. He had been at word at New Berlin, and on the night he was killed he and other employees of the defendant went to Farmers on a hand-car. He was killed on his return, at night, by an engine of the defendant, which, according to the evidence of the plaintiff, had no headlight.

The evidence of…