Joseph McKenna

“ To the contention of the company that the deceased had not observed ordinary care for his own safety, and could have avoided the injury which resulted in his death, the court answered that it was a jury question, and said: 'In view of the evidence as to the defendant's failure to comply with the provisions of the 'blow-post law' there is sufficient testimony as a whole to support the jury's findings in favor of the plaintiff.' The court hence affirmed the judgment. ”

“ That for freight trains the time consumed would be more than sixteen hours, the maximum speed of such trains on the company's road being 20 miles an hour.
That the crossings are the usual and ordinary grade crossings and there are no conditions which make any one of them peculiarly dangerous other than such danger as may result from the crossing of a public road by a railroad track at grade. ”

“ That the employees of the company failed to keep the train under control, and approached the crossing at a high and dangerous rate of speed, so that they could not stop the same in time to save the life of the deceased, and that such conduct was negligence. ”

“ For aught that appears as allegations of fact in this answer the crossing at which this injury happened may have been so located and of such dangerous character as to make the slackening of trains at that point necessary to the safety of those using the publc highway, and a statute making such requirement only a reasonable police regulation, and not an unlawful attempt to regulate or hinder interstate commerce. ”