Young v. Charleston & Western Carolina Railway Co.

Being convinced that the record in this case discloses a total failure of proof of negligence on the part of the defendant, I must respectfully dissent.

The only witness offered by the plaintiff in her attempt to prove negligence was the conductor. He testified that he was standing on the rear end of the caboose, with his lighted electric lantern in one hand and his other hand on the air-brake valve, as the train, consisting of thirteen cars and the caboose, was backing around a curve at about 10 miles an hour; that he and the flagman were observing the track ahead of them and he was blowing…