Deans v. . R. R.

The issues were —

1. Was B. F. Deans killed by the negligence of the defendant?

2. Did he, by his own negligence, contribute to his death?

3. What damage, if any, is the plaintiff administratrix entitled to recover?

The plaintiff introduced the following evidence:

W. A. Deans testified that deceased was between thirty-three and thirty-four years old. "I went to the scene of the accident about 2 p.m. — half an hour after it occurred. The train usually passed that spot about 12 m. I found B. F. Deans (plaintiff's intestate) lying on the ground across the ditch, about ten feet from the track; his…