Henry Billings Brown

“ Under such circumstances, he has no right to call upon the company to pay him damages. Had he been riding in the caboose, he would have been safe. Had he taken the precaution to notice what was going on, he could not have failed to see that a collision was imminent, and could have jumped off. The only negligence chargeable against the defendant was in backing the train down at too great speed. But, giving to his own conduct, as well as that of the defendant, the construction most favorable to the plaintiff, there was no theory upon which it was proper to submit the case to the jury. ”

“ None such was averred in the complaint, and none such was shown in the testimony. The case of Railroad Co. v. Jones, 95 U.S. 439, is directly in point, and is decisive of this. See, also, Railroad Co. v. ”