Edward Douglass White

“ Kilpatrick, on its so stopping, at once gave the signal to the engineer to back down, which signal was obeyed, the caboose striking the car with considerable force. In the meanwhile, either on the going forward of Rice or on the stoppage of the caboose, Fowers returned quickly to his work, as did also Pool. As the former stepped under the car, being uneasy lest the caboose should couple, he looked out, and caught sight of a portion of Kilpatrick's body, and say his arm wave the signal to back down. He cried out to Pool, and threw himself from under the car, and was thus saved. ”

“ Pool
The action was brought below to recover damages from the defendant (plaintiff in error here) , upon the ground that it had negligently, on September 12, 1888, caused an injury, which resulted in the death of Pool, the plaintiff's intestate. The cause was tried by a jury. At the close of the evidence for the plaintiff, defendant moved for a nonsuit, on the grounds (1) that no negligence had been shown on its part; (2) that the evidence established contributory negligence on the part of the deceased. These motions were overruled, and exceptions reserved. The defendant thereupon rested. ”