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

While attempting to cross railway tracks, Ezelle was struck by a moving freight car pushed by an engine. P brought a wrongful death action against D. At the time of the accident, a yardmaster was riding on the end of the car nearest to the deceased and gave a warning by shouting to him. The engine stopped after hitting Ezelle. Ezelle was cleared of the track, and the yardmaster signaled the engineer to move ahead, fearing, as he testified, that a passenger train then about due would come upon them. The locomotive and car went forward over a bridge, where the general yardmaster was informed of the accident, and an ambulance was summoned by telephone. The yardmaster then went back where the injured man was lying and found three Union Pacific switchmen binding up the wounded limbs and doing what they could to stop the flow of blood. The ambulance arrived about thirty minutes later, and Ezelle was taken to a hospital, where he died a few hours afterward. P sued D. The jury found that the accident occurred at 5:35 P. M.; that immediately one of the railway employees telephoned to police headquarters for help for the injured man; that the ambulance started at 6:05 P. M. and reached the nearest hospital with Ezelle at 6:20 P. M., where he received proper medical and surgical treatment. It was found that D’s employees were in none to much of a hurry to tend to Ezelle’s wounds. They did try to help, but not as soon as they could have. The court found no negligence against D but did hold that D’s employees failed to promptly take care of Ezelle until the ambulance arrived. D appealed.

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