JUDGMENT

1. This appeal arises out of a suit brought by the plaintiff against the Secretary of State for India in Council as re. presenting the Oudh and Rohilkhand Railway. It appears that on the 6th of May 1908, a, collision took place between Dasna and Ghaziabad Railway stations, with the result that the plaintiff's husband, who was an Engine Driver in the employment of the Oudh and Rohilkhand Railway, was killed. He was a man aged 38f years and his wages are stated to have averaged Rs. 280-4-0 a month, which evidently includes his remuneration for over-time work. Dasna is a station on the Oudh and Rohilkhand line which is a single line at that point. Ghaziabad is a station which is used both by the Oudh and Rohilkhand Railway and the Bast Indiau Railway and other Railways, but the servants employed in Ghaziabad are not the direct servants of the Oudh and Rohilkhand Railway. Efforts had been made by inquiries and by prosecutions to arrive at some conclusion as to bow the accident occurred. This much is common case, and beyond all question, namely that the immediate cause of the accident was the running of two trains in opposite directions between Ghaziabad and Dasna which unfortun