Pierce Butler

“ There is nothing to support a finding that the officers in charge of the troops were not informed at La Pascua before the order to fire was given that there were no insurrectos on the passenger train. The record discloses no reason for rejecting the testimony of Grant and Veitch. It is to be taken as established that such information was given.
And, assuming that a jury properly might decline to believe the testimony of defendant's officials going to show that the troop train and officers in charge had been so informed before they left Las Lomas, actionable negligence was not made out. ”

“ The railroad is a single-track line having sidings at various places. Both trains were given orders to meet at La Pascua. The passenger train was the first to arrive at that place, and went upon the side track to let the troop train pass. The officers of the troop train gave an order to, and the troops did, fire upon the passenger cars. Some passengers were killed and others, including the plaintiff, were seriously injured.
At the close of the evidence, the District Judge, doubting whether there was anything to show negligence on the part of the defendant, submitted the case to the jury ”

“ Veitch, called as a witness for defendant, testified that, when the troop train stopped and while Ramsay was talking to one of the officers, he talked to the other officer, and told him that it was a passenger train from San Jose to Port Limon and that there were no revolutionists on board. ”