Lyons v. Chicago, M. & St. P. Ry. Co.

WHITING, J.

I dissent from the above opinion, and would base my dissent solely upon the ground that I believe there was ample evidence to warrant submitting to the jury the question whether or not defendant, through the fireman, did not have notice of the impending accident in time for such accident to have been averted if defendant’s employes had acted immediately.