Bowen

This is an action for damages on account of the death of Jesse Bowen, plaintiff’s father, alleged to have been caused by the train of defendant’s on which he was braking, falling through a high trestle. The complaint alleges that: “Through defects in the construction, care, and preservation of said trestle and through the negligence of the defendant in allowing the timbers of which said trestle was constructed to become worn, rotten and decayed, and without fault or negligence on the part of said J esse Bowen, the trestle gave way, and the said track, locomotive, and train were precipitated to the ground and demolished, and the said Jesse Bowen was killed.” The train was a “logging train” and the road over the said trestle a road used in running the logging trains carrying logs to defendant’s mill. The complaint further alleges: “That plaintiff was entirely dependent upon her father for support, rearing, education, and protection ^ that she had been deprived of the society, comfort, and protection of her father by said wrongful acts of the defendant, and has, by reason of the said several wrongful acts of the defendant, been greatly injured and damaged.” The plaintiff was about…