Page:Federal Reporter, 1st Series, Volume 9.djvu/885

870 FEDERAL REPORTBR» �and the suffering condition of the petitioner. I am of opinion that the Btatement of the witness is not unreaaonable. He was but a sliort distance from him, and immediately sprang to him, and most probably made the inquiry before he was aware of the extent of the injury, and the answer was made when the facts were present before the mind of the petitioner. �The most satisfactory conclusions as to the real occurrences imme- diately preceding and at the time of the collision are to be drawn from the statement made in evidence by the petitioner himself, and his declaration made soon after to Dr. Vaughn and the physical facts attending it, as shown by the evidence and uncontroverted. The peti- tioner, in his deposition, in reply to the question as to how the injury complained of was occasioned, made the following answer : "As I got near the railroad crossing my horse became very much frightened at seeing the locomotive approaching, and I pulled the reins to stop him, but he was so excited I failed, or could not stop him. I said 'whoa' to him twice. He did not stop at all; The engine was then imme- diately in front of him. I then became wonderfully excited myself to see how I could escape myself. The-street was too narrow; I could not turn round. I saw the horse was determined to go forward, and, believing it was the only chance to save my life was to let him go, I slackened the rein and he darted violently forward. The cow-catcher, to the best of my knowledge, struck the wagon at the hind wheels and threw me 12 or 15 feet forward on the street. I was knocked senseless, and do not know anything more about the particulars." �Dr. Vaughn testifies — �" That soon after the collision he was called to dress the petitioner's wounds, when he asked the petitioner as to the manner of their infliction. He replied that he had been run over by a locomotive at the crossing at St. John street and throwninto theditch nearby; that the rear of the wagon had been struck by the locomotive; that, hearing the bell and the locomotive coming, he tried to stop his horse ; that the more he pulled the f aster the horse went. Finding that he could not stop him, he tried to cross the track by driving him up, with the resuit as stated." �James Sykes testifies — �"That after the accident petitioner stated to him that he was driving his wagon, not thinking of the engine or cars until he approached near the corner of the warehouse ; that he heard no bell is what I think he said, or, as I now reoollect, hesaid he heard no noise; that the engine came suddenly by, or came in sight orview bf his horse, who became very much frightened, and he gave him a eut with a wliip to make him jump across the road ahead of the engine_ which he thought was his only safety." ��� �