No. 73—2187.

C. & N. W. Ry. Co. v. Mary A. Snyder, Adm’x, etc.

This was an action on the case, brought by Mary A. Snyder, administratrix of the estate of John H. Snyder, deceased, against the Chicago & Horthwestern Railway Company, and the Chicago, Milwaukee & St. Paul Railway Company, to recover damages for the death of the plaintiff’s intestate, caused, as is alleged, by the negligence of a servant *641of the defendants, who, at the time, was in their joint employment. It appears that the tracks of these two railway com. panies intersect and cross each other at Western avenue, in the city of Chicago, and that for the purpose of regulating, controlling and signaling trains about to pass over the crossing, and to determine the order in which they should cross, said companies had erected and were using a signal station near the crossing, said station being furnished with a semaphore to be used by day, and with lights of different colors to be displayed at night, as signals to approaching trains. At the time of the injury to the plaintiff’s intestate, of which he died, one Henry E. Torrence had charge of said signal station. He seems to have been employed by the Chicago & Northwestern Railway Company at a fixed salary, which was paid him by the two companies, and his duties required him to signal and direct the movements of all the trains approaching the crossing on either railway. The deceased at the time was a conductor in the service of the Chicago and Northwestern Railway Company, and was in charge of and running a train belonging to that company. As he was approaching the crossing in the night time, through the negligence of Torrence in the use of the prescribed signals, as is alleged, a collision took place between the engine of his train and a train of the Chicago, Milwaukee and St. Paul Railway Company, by which he was killed. A trial was had in the court below before the court and a jury, resulting in a verdict and judgment in favor of the plaintiff for §5,000. The court is of opinion that the evidence sustains the verdict.

Judge below, Joseph E. Gary.

Attorneys, for appellant, Mr. B. C. Cook and Mr. W. B. Keep ;

for appellee, Mr. Mason B. Loomis and Mr. Lewis Munson.

Opinion filed Jan. 6, 1886.