Wyatt v. Kansas City Terminal Railway Co.

In this appeal the action is by a minor, who is now a widow, suing for damages for the death of her husband alleged to have been caused by the negligence of the defendant railway company and J. R. Quigg, the railway company’s “roundhouse foreman.” Originally, and up to the close of plaintiff’s case in chief, her prayer was for damages in the sum of $10,000, but she then, by leave of court, amended said prayer by asking for only $7,500.

Thereafter, and before the case was submitted to the' jury, the court, over the objections and exceptions of plaintiff, and at the request of both defendants,…