The COURT in the opinion stated the facts as follows:

This is an action by Fannie Miller, the mother and administratrix of Ethel Proctor, against the Baltimore & Ohio Railroad, to recover damages for negligently causing the death of said Ethel Proctor.

The cause of action is thus stated in the declaration: "That on or about the 14th day of July, a. D. 1907, through the negligence, wrongful act, and default of the said defendant, the Baltimore & Ohio Railway Company, a corporation, its agents and servants and employees, an injury was done in the said District of Columbia, which caused the death of the said Ethel Proctor, and said neglect, wrongful act, and default was such as would, if the death of the said Ethel Proctor had not ensued, have entitled her to maintain an action, through and by her next friend, to recover damages against the said defendant.

"The plaintiff further says and avers the fact to be, that heretofore, to wit, on or about the 14th day of July, a. D. 1907, in the District of Columbia, the defendant, its agents, servants, and employees, conducted, managed, operated, and maintained a certain railroad station in the District of Columbia, known and designated as University Station, situated at and in Brookland, in the District of Columbia, aforesaid; that it then and there became and was the lawful duty of said defendant, its agents, servants, and employees, to have so constructed and maintained its premises that the life and limb of persons being thereon should be safe and secure.

"But the said defendant, its agents, servants, and employees, not regarding their said duty in that behalf, negligently, wrongfully, unlawfully, and improperly so constructed and maintained a platform and board walk on the premises aforesaid in such a reckless manner as that heretofore, to wit, on the 14th day of July, a. D. 1907, while the said Ethel Proctor, deceased, was walking on the said platform and board walk, parallel with the said track of the said defendant, a train of cars owned, operated, and controlled and managed by the said defendant, its agents, servants, and employees, did then and

there, while passing the aforesaid station, platform, and board walk, strike the said Ethel Proctor, who was moving in the same direction with the said train, with great force and violence, hurling her from the said platform and board walk, thereby inflicting upon and causing her to receive such injuries as that her death resulted therefrom. In utter disregard of their duty in the premises aforesaid.

"The plaintiff further says: That the aforesaid injuries and death described and set forth is the sole result of the negligence, unlawful, wrongful act and default of the said defendant, its agents, servants, and employees."

It appears that defendant has for some years maintained a station, called Brookland, on its Metropolitan line, used by trains going to and coming from the West. The station house is on the west side of the track, where the latter crosses Michigan avenue. There is a platform on the station side and one on the opposite side of the track, running along the same. The station, the platform, and the tracks between, are not in the street, but wholly upon property belonging to the defendant, north of Michigan avenue. Ordinary railway gates are maintained on Michigan avenue, on each side of the track crossing the same. A drug store is situated on the south side of Michigan avenue where it intersects the defendant's right of way, which, on the north side of Michigan avenue, has a fence 14 feet from the eastern rail of the track. The platform on the east side was of boards, and about 150 feet long, and 6 or 7 feet wide. It began about 30 feet from the gate on Michigan avenue. Some of the evidence tended to show that the plat form was 5 or 6 inches higher than the rail; some, that the rail was an inch or an inch and a half higher. The witness for plaintiff supposed it was 5 or 6 inches higher than the rail, because it was easy to get on and off the steps of the cars. The boards extended to the rail. The bumpers of the engines, in general use, extend 18 or 19 inches over the platform. Between the outer edge of the platform and the fence is a cinder path.

Plaintiff's evidence tended to show that deceased lived with plaintiff on Lynch's farm, about two squares north of the

station, on the west side of the tracks. Deceased was sixteen years old. On Sunday afternoon, about 6 o'clock, she and three companions started to the drug store on the opposite side of the tracks. After leaving the drug store they walked abreast, with locked arms, up the platform on the east side. Deceased was nearest the track. The Michigan avenue gates were down. A freight train had passed a short time before. The four were laughing and talking. A train came along behind them and the projecting bumper of the engine struck deceased, throwing her about 3 feet to one side, and causing her death. None of the three companions heard the engine whistle, or any noise of the coming train. None heard the electric bells at the gates ring, or the shouts of anyone to them to get out of the way. A witness for plaintiff testified that everybody used the pathway alongside the tracks. She had seen deceased. walking on the platform before. She heard the train whistling away beyond her house, which is opposite the station house. Her daughter called her attention to the parties who were laughing and talking as they came along. Before witness could get to them the train came along and struck deceased. Crossexamined, she said that four could walk abreast on the platform, which was laid down on the ground approximately even with the rail of the track. The crossing policeman, Bradley, used to warn people of the platform, telling them it was dangerous to stand there. He used to speak to some people and tell them not to stand there so close.

Another witness for plaintiff testified that the train was a long excursion train, with two engines drawing it, and had not entirely passed the place where the girl lay before it stopped. Knew that when the cars passed some part of the engine, and the steps of the cars projected over the platform. First learned that a train would hit a person standing on the platform, when deceased was killed. Cross-examined, she said that she heard the whistle blow down at the signal post, a square, or may be two squares, away. Could hear it distinctly. Heard the electric bells ring at the crossing, but those bells ring any time. The gates were down, and she saw the train coming, but the

parties had their backs to it. They were talking and laughing. A man with witness beckoned to deceased to get out of the way. She paid no attention, and he started to her, but beforehe got there she was struck. He said she was too near the track, but witness said no, because she considered it safe. Deceased was walking on the last board, next to the rail, but not exactly on the edge of the platform. Re-direct examination, "The man and I were both on the platform. Deceased was about half way the length of the platform, and I thought it a safe place. Looking in the direction from which the train came, you could see it for about a square and a half; it curves down below Munro street." Witness "hollered" before the engine blew the distress signal. The signal blew after deceased had been struck. Another witness had noticed after the accident that trains in passing would extend over the platform; had not noticed it before, and had been living there ten years. Cross-examined, said he supposed the distress signal blew about. the time the train crossed Michigan avenue. Did not know exactly where the engine was when it blew the distress signal. Another witness testified that she heard the distress signal blow after it struck deceased. Did not see the accident. The train was a long one, with two engines, and when it stopped some of the coaches had not passed deceased; did not notice how many.

Upon the close of the plaintiff's evidence, the defendant. moved the court to direct a verdict on the grounds that the de-ceased was shown to be guilty of contributory negligence; and that no negligence had been shown on the part of the defendant. This was denied.

Defendant then introduced evidence tending to show that. the deceased and her party were "rather hilarious, laughing and joking and carrying on," as they walked along. That it was a heavy up grade, and the train was coming at 8 or 10 miles an hour, with a great deal of noise and blowing. The bells were ringing, but this is such a frequent occurrence that they are not generally noticed. The gates were down and the gateman had hold of the handle. Engine began to blow the distress.

signal just before it struck deceased. Train stopped quickly, and over one half of it had not passed deceased, when it came to a stop. A path extended along the east side of the tracks that was used by most of the people living up there. There were not many. There was no street. People walking along the path, when they came to the station, would walk along that platform. Bradley, a policeman, testified that there were fourteen coaches on the train. Two coaches were south of the point where deceased lay when he arrived. (The train came from the south.) Heard the engine blow for the station, and heard the distress signals. There was nothing to prevent people using the cinder path alongside the platform, and most people used it; but people coming down the path along the track used to walk over the board walk instead of the path. Frequently warned people about being near the track and "skylarking" on the platform. Had arrested some. Had arrested some. Another witness heard the engine blow for the station, and then for the crossing. The bell on the gate rang. Heard the distress signal before the train crossed Michigan avenue. Saw the girl on the platform, and started to her, thinking she was too close and might get hit. Yelled to her and waved hand to her to get away. None

of the four looked towards the train.

The locomotive engineer testified that he blew for the station as he approached, and also the crossing signal. As he crossed the road (Michigan avenue) saw some parties walking on the platform, kept ringing the bell, thinking every minute they would step aside. When he got close enough to see they were not going to step away, he gave the warning whistle-a succession of short blasts-when the engine was 10 or 15 feet away. Had been ringing the bell as he approached the crossing. As soon as he saw she was in danger of being hit, put on the emergency brakes. When train stopped, supposed she was two or three car lengths from the second engine. The crossing wathman testified to hearing the electric bell ring. It was started by the coming engine. Immediately lowered the gates. The party came out of the drug store, walked north of the gates, and got on the platform. Engine was nearly to the crossing. Heard