Oliver Wendell Holmes, Jr.

“ New Orleans & Northeastern R. R. Co. v. Harris, 247 U.S. 367, 371, 38 S.C.t. 535, 62 L. Ed. 1167.
It would be straining the language of the Act somewhat to say in any case that a wilful homicide 'resulted' from the failure of some superior officer to foresee the danger and to prevent it. ”

“ In this case at all events we are of opinion that there was no evidence that warrants such a judgment. It is not necessary to state the facts in detail. Those mainly relied upon are that Fonvielle, the general yardmaster, knew that Southwell, the man who was killed, on previous occasions had used threatening language to Dallas, who shot Southwell; that Fonvielle knew or ought to have known that they were likely to meet when they did; that Fonvielle was with Dallas, his subordinate, just before that moment and that Dallas said to him 'Cap. ”