Williams v. San Francisco & Northwestern Railway Co.

This is an action for damages for causing the death of plaintiff’s wife. The case was tried by a jury and plaintiff secured a verdict and judgment for the sum of $3,000. From said judgment, upon a bill of exceptions, the defendant presents this appeal.

The facts as established by the evidence and found by the jury are: The defendant corporation owns and operates a steam railroad about twenty-five miles in length, between the city of Eureka, in Humboldt county, to some point beyond the town of Scotia, in said county. On the line of the road are situated the towns of Fortuna and Singley’s Station, the latter being about three miles in a northerly direction from the former. A county road, used for many years by the traveling public as a public highway, runs between and connects these towns or railroad stations. On the twenty-third day of July, 1903, while the wife of the plaintiff- was on her way to Fortuna, in a buggy, drawn by a horse, driven by herself, and at a point between the two stations mentioned, a train of ears belonging to the defendant came along and the noise produced by the engine and the train caused the animal to become frightened and to start on a wild run over…