Owen J. Roberts

“ As it approached the west switch a yard locomotive blew a warning blast and the engine stopped momentarily. The fireman then inquired of the conductor and engineer whether they were not going to go in on the pass track, to which the conductor replied that they had time to reach the switch at Stilton, some two miles beyond. They proceeded on the main track beyond Stilton, evidently missing the switch there because of a heavy fog. The engine collided head-on with Extra 723, killing respondent's intestate and the engineer, and three of the crew of 723. ”

“ It would still have had the right of way over 483 to and through Orangeburg, and the accident occurred over three miles west of that point.
The case comes to this, that respondent's intestate had clear and definite orders which, if obeyed, would have avoided the accident, and the disobedience whereof was the sole efficient cause of his death. As said in Unadilla Valley Railway Co. v. Caldine, 278 U.S. 139, 142, 49 S.C.t. 91, 73 L. Ed. 224:
'A failure to stop a man from doing what he known that he ought not to do, hardly can be called a cause of his act. ”