Samuel Blatchford

“ Section 6 of the act of 1891 provides that in all cases not thereinbefore, in that section, made final, 'there shall be of right an appeal, or writ of error, or review of the case by the supreme court of the United States, where the matter in controversy shall exceed one thousand dollars besides costs.' Under that provision, as the judgment of the circuit court of appeals in the present case was not made final by section 6, and as the matter in controversy exceeds $1,000 besides costs, the defendant had a right to a writ of error from this court. ”

“ On cross-examination, he testified that if he had seen the locomotive coming he would have stepped to one side, out of the way, but he did not see it because it was coming around the curve; and that he never thought of the locomotive, because the boss told him there was nothing to come across, and he was walking at his ease, without thinking of anything. He further testified that he did not attempt to jump on a moving locomotive at the east end of the bridge. ”