Gray v. Southern Railway Co.

Tbis is an action for tbe wrongful killing of tbe plaintiff’s intestate, under tbe United States Employers’ Liability act, cb. 149, 35 Statutes at Large, 65, amended cb. 143, Statutes at Large.

Exceptions 1 and 2 are that issues as to tbe amount of damages by reason of tbe negligence of tbe defendant and of plaintiff’s contributory negligence were not submitted to tbe jury as separate and distinct issues. But tbe statute does not require tbis. Tbe court instructed tbe jury, in accordance witb tbe statute, to assess tbe damages by reason of tbe death of tbe intestate, if they found it was due…