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NORTH DAKOTA REPORTS.

rail, which cut off one hoof. He threw his head out, and the engine trucks, and pilot pushed him along. Q. When you saw this motion, what did you do? A. Did all possible to stop. Q. What was that? A. Put the air on, and made a——— to stop. I reversed my engine on sand, putting her on the back motion; made what is called an ‘immergency stop.’ Q. What effect would that have on the brakes and wheels? A. It would have a great———. Q. Would it stop the wheels? A. It would stop the wheels. It would help to stop the train speed. The motion of the wheels going ahead, the reverse of the engine would have the effect to drive the wheels opposite to the head motion. Q. And it would have a tendency to shove the train back? A. Yes sir. Q. After you saw this horse, was there anything else you could have done to have stopped this train? A. Nosir. Q. You made what you call an ‘emergency stop?’ A. Yes sir. Q. I will ask you, until you saw the horse raise his head, and throw its leg over the rail, was the track clear? A. The track was clear. Q. Clear across the bridge? A. Yes sir. .Q. Now, if I under- stand you, you mean that no part of the horse’s body,—that no part of the horse was lying between the rails? A. No. sir. Q. How far is the outer rail from the guard rail, as you call it? A. The guard rail is put on the outside of the bridge tie, so as to hold them from slipping endways. It is a wooden guard rail. Q. How far from the rail? A. I think it is calculated to be three feet. Q. When you saw this horse, what did you see in the way of danger to yourself that it amounted to? A. I knew right off that there was great danger there. If the horse had been between the rails, 1 should have been almost tempted to jump off. Q. And you say that the train and the people on it were in danger of their lives? A. Yessir. Q. What was the color of the horse? A. White. Q. What was the color of the number board? A. White. Q. What was the firemen doing? A. Keeping a lookout. Q. Do you know ‘when he recognized this object? A. At the same time that I did. He had just about half the words out of his mouth, saying ‘Ho,’ when I saw it. Q. How many feet were you