Betz v. Kansas City Southern Railway Co.

This is an action by plaintiff, the administrator of the estate of Jennie Baker, deceased, to recover, because of deceased's alleged wrongful death, the penalty prescribed by Section 4217, Revised Statutes 1919. A jury was waived by the parties, and the cause was submitted to the trial court, sitting as a jury, resulting in a finding and judgment for plaintiff in the sum of $5,000. Having taken the necessary preliminary steps therefor, defendant appealed to the Springfield Court of Appeals, where, by a divided court, the judgment nisi was reversed and the cause remanded. One of the learned…