Page:North Dakota Reports (vol. 3).pdf/426

 you have to put any fire in the fire box? A. No, sir. Q. When did you first discover the horse? A. When he raised his head. Q. Up to that time, was the track itself clear? A. Yes sir. Q. Well, what was done by the engineer? A. He blew the brake alarm, and reversed his engine, and gave her sand.” The witness fully corroborated the engineer as to the appliances on the train and the good condition of the engine. He then testified as follows: “Q. About how far do you think you were from the horse when these brakes were put on? A. I should judge about five or six hundred feet,—somewhere along there. Q. Now, in stating the distance the train was from the horse, when I asked this question, I have reference to the distance that your locomotive was west of the horse when the brakes were applied. How far was that? A. I couldn’t just tell. Q. How far do you think? A. Somewhere along between five and four hundred feet. That is what I thought it was. Q. How many times the length of the train do you think it was? A. It was not over the length of the train. Q. Is that train nearly four hundred and fifty feet long? A. I do not think I understand the question. Q. I want to know how far it was from where the engine was, when the brakes were put on the engine, to the horse at the time. I asked you how many lengths of the train? A. It was not the length of the train. About the length of two coaches is what it was. By the Court: Q. How long is a coach? How many feet is a coach? Is it 200 feet long? A. I do not believe they are. Q. How many feet do you think the engine was from the horse when the brakes were applied? A. I couldn't say. Q. Of course you didn’t measure it. Give an estimate. A. Well I did. Q. About four hundred feet? A. About four hundred feet. Q. Daylight or dusk? A. Dusk,—quite dusk. Q. Which one saw the horse first? A. That I’ couldn't say. Both saw it about the same time. I hadn't the words out of my mouth when he put the brakes on.” The testimony showed that the grade approaching the bridge was 30 or 35 feet to the mile; also that a passenger coach is 60 feet in length. As to the stop, the conductor testified: “It was a very