Green

This is a suit brought by the plaintiff to recover damages for the death of his wife, alleged to have been the result of the negligent operation of the defendant’s railroad. The plaintiff recovered judgment for the sum of $5,000 and costs; and the appeal is from the judgment, and from an order denying the defendant’s motion for new trial.

It is found by the court that at the time of the accident the defendant’s train “was being run and operated in a very dangerous and grossly negligent and careless manner, as to its rate of speed and failure to sound ordinary signals of warning,” and that the accident to the deceased was the result of the negligence of the defendant and its employees; “that before crossing or attempting to cross the defendant’s railroad track [the deceased] used ordinary care, and did what an ordinarily prudent person would have done under the circumstances”; and that she “did not by her own carelessness or negligence in any way contribute to said acci *955 dent.” But it is claimed by the appellant, in effect, that these are inconsistent with the more specific findings, and that upon the latter the conclusions of the court and the judgment should have been…