Mixsell v. New York, New Haven & Hartford Railroad

The plaintiff recovered by verdict of a jury $30,000 for the negligent killing of her deceased husband, Dr. Mixsell. The motion to set aside the verdict, dismiss the complaint or award a new trial, brings up interesting questions under the present practice as to the effect of special findings by a jury in a common-law case, considered in connection with the evidence as, applied to the contributory negligence of the deceased. Those special findings were taken under the amendment of 1895, allowing the.court to submit to the jury such questions of fact and the assessment of damages pending a…