This section contains the nature of the case and procedural background.

An accident was caused by the carelessness of the switchman, in neglecting to close the switch after the stock train had passed on to the side track, and in giving a false signal to the approaching passenger train, that the track was all right. Cleghorn (P) was injured in a train collision which occurred because of the negligence of the railroad's (D) switchman. It was proved that the flagman neglected to give the customary signal, and was intoxicated at the time. At trial, P offered evidence of the switchman's intemperance. The court admitted it over D's objection. D appeals.

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