Bradley
Bradley v. Northwestern Pac. R.
Opinion
Lead Opinion
Wilbur, J.
This is an action to recover damages resulting from the death of George Francis Bradley, brought by the administratrix of his estate. Decedent was an engineer employed by the defendant railroad company, operating passenger train No. 2 north bound at the time of a head-on collision with extra train No. 184, a south-bound freight train, also operated by defendant company.
Defendant’s motion for nonsuit was granted by the court, and this appeal is from the judgment rendei'ed in pursuance thereof.
The evidence shows that the station agent at Hopland, 3½ miles south of Largo, gave the conductor of train No. 2 a clearance card and an order, No. 32, to meet the extra freight, No. 184, at Largo, where the double tracks of defendant’s railroad ended and the single track northward commenced. The conductor delivered a copy of each to the decedent as engineer, and delivered his own copy to the brakeman, all in conformity with the rules of the company to that effect. The decedent engineer, upon entering t]ie cab of the engine at Hopland, gave the “meet” order to his fireman, who read the same aloud and handed it back to the decedent in conformity with the rules of the company. Thus the…