Toomey

— This was an action for damages for the death of the plaintiff’s son, alleged to have been caused by the negligence of the defendant. The trial court, sitting without a jury, gave judgment for the plaintiff, and the defendant appeals upon the findings.

The facts found are as follows: The plaintiff’s son, a lad of eighteen, was run over and killed while walking at night upon the defendant’s track. About 150 yards to the south of the place of the accident was a public crossing, but it does not appear that the deceased had been at this crossing. He was going in an opposite direction, towards a neighboring town, which was more than a mile away. There was no path, road-way, or crossing at the place of the accident, or nearer thereto than the crossing mentioned, and it is expressly found that the deceased had no license to be where he was, and that it was not usual or customary for any one, except employees of the defendant, to be there. The train was an extra or special train. It was going in the same direction as the deceased, and had passed the crossing above referred *378 to. The engine, though running in front of the cars, was in a reversed position, so that the tender was in…