fave to help him. After being dragged some distance, his clothes caught in a switching frog, and he was there injured and killed in the manner hereinbefore stated. There was no brakeman on the cars. Deceased received no other warning than that from Delafave. The whistle and bell on the engine were not sounded. West of the crossing there was nothing to obstruct the vision of the switching crew, or any of them of the deceased. West of the point where the accident happened some 400 ur 500 feet there were cars on all the tracks except one. One Stabler, a witness for defendant, and who was connected with the switching, in substance testified that, about four minutes before the cars were kicked in on the track on which Nardella was working when killed, he told him that cars were about to be kicked in on that track. This evidence is controverted, and whether such notice or warning was given was a question of fact for the jury, and as its verdict was for plaintiff, it must have found that no such warning was given. The weather on the day of the injury was cold, but the day was clear.
The following special questions were submitted by the court to the jury:
(1) Q. Did Switchman Stabler notify Luigi Nardella before he was struck that they were about to kick some cars along the lead where he was working? A. No proper warning.
(2) Q. Did Switchman Hausman notify Luigi Nardella before he was struck that they were about to kick some cars “alone the lead where tie was working? A. No.
(3) Q. Was the switching operation which resulted in the death of Luigi Nardella conducted in the ordinary and usual manner? A. No.
(4) Q. If you answer question No. 3 No, state fully where and in what manner it was different from the ordinary and usual switching operation. A. Carelessness of switchman and fellow workmen.
(5) Q. Were any of the switchmen or trainmen handling the switching operation which resulted in the death of Luigi Nardella negligent? A. Yes.
(6) Q. If you answer question No. 5 Yes, state fully what the negligence was, and which switchman or trainman was negligent. A. All of them.
(7) Q. Did Luigi Nardella use and exercise the care for his personal safety that an ordinary prudent person working in the switching yards would, under the same circumstances? A. Yes.
