Foster v. Kurn

— Plaintiff, Thomas Foster, sued defendants, James M. Kurn and John G. Lonsdale, Trustees of the “Frisco” Railway Company, for damages suffered in a crossing accident. Trial to a jury resulted in verdict for plaintiff in the amount of $7042 but the trial court ordered remittitur in the amount of $2042, which order plaintiff complied with. Defendants’ motion for new trial was overruled and they have appealed. We shall refer to the parties as plaintiff and defendants.

The accident which forms the basis of this suit occurred November 11, 1934, at about 12:35 A. M., near Mindenmines, in Barton…