Page:Federal Reporter, 1st Series, Volume 9.djvu/886

 TUCKBS V. DUNOAN. S'U �The undisputed physical facts are that the horse and fore wlieels of the wagon had passed in front of the engine before ^ny collision took place, and that either the end of the pilot ran intp the hjnd wheels of the wagon, or by a sudden turn of the wagon to the Jeft the hind wheels of the wagon ran uppn the end of the pilot. From the rapidity with whieh the wagon must haye been moving, and the slow motion of the engine at the time, I am of the opinion that the wagon ran on the pilot. The testimony of the engineer is that when he saw the petitioner he reversed the engine and put on the steam to stop it; he was Bcarcely moving the engine when the collision took place. This statement is suetained from the fact. that the horse and fore wheels of the wagon passed in front of the eingine before the col- lision took place, which; could not have been done had the engine been moving atany but the slowest.Bpeed. �This is a sufHcient statement of the facts as shown from the proof, with this addition, that the petitioner was well acquainted with the danger of the crossing, and the time of the making up and leaving pf the trains. There is little difference of opinion as to the rules of law properly applicable to the facts as stated. See Railroad Co. v. Hous- ton, 95 U. S. 697; Tilfer V. Railroad Co. 1 Brown, (N. J.) 188. �The petitioner, to entitle himself to compensation, must show — First, that the collision _occurfed without any negligence, carelessness, or wrongful act on bis part; and, second, that it was the resuit of the carelessness, negligence, or some wrongful act upon the part of the employes of the defendant, or of the defendant himself. If it was from inevitable accident brought about by the unmanageable conduct of the horse, or otherwise, not attributable to the defendant or his em- ployes, then no compensation can be allowed. These rules are so plain and so well understood that reference tP the authorities to sus- tain them is unnecessary. �When a crossing is dangerous, the duty is imposed upon those engaged in conducting the engine and trains upon the road, and also upon those desiring to make the crossing, to use every reasonable pre- caution to avoid a collision ; and the necessity is increased in propor- tion to the danger. This duty igrequired equally of both parties. It is the duty of those conducting the train to give a signal by having the bell rung, or blowing the whistle, when approaching a crossing, to warn passers of the approach of the engine or train, and to look and ascertain whether or not any one is about to cross the track in front of the locomotive, and if so, to slacken up the speed; and, if need be, and if in the power of those in charge of the train, to stop ��� �