Loftin v. Skelton

ADAMS, J.:

Plaintiff brought three suits against the Railway Company for the wrongful death of his wife and two infant children. They were consolidated for trial. Verdicts were returned for $10,000 for the wife and $5,000 for each child. The trial court ordered a remittitur of $5,000 on the verdict for the wife and entered judgment in each case for $5,000.

It is urged that the negligence of the driver in going upon the track was the sole proximate cause of the collision and no recovery should be allowed. In support of this contention it is shown that ‘the wife drove the car on the railroad…