New Orleans & Northeastern Railroad v. Phillips

Mrs. Jewell Phillips, appellee, brought this action in the Circuit Court for the First Judicial District of Jones County, on behalf of herself and her adult daughter, for the alleged wrongful death of their husband and father, Otis Phillips. The defendants (appellants here) were the New Orleans & Northeastern Eailroad Com*443pany and its engineer, S. E. Holifield. The jury gave plaintiffs a verdict of $75,000, and Railroad and Holifield appealed.

Phillips was killed at night by a freight train while he was sitting in an automobile stalled on a crossing of a railroad and gravel road in a small,…