Rhyne v. Thompson

HOLMAN, Commissioner.

This is an action for damages for the alleged wrongful death of plaintiff’s decedent, Mrs. Ettie Carr, as a result of being struck by a cut of freight cars during a switching movement. Plaintiff received a jury verdict of $10,000. Thereafter, on proper motion, the trial court set aside the verdict and entered judgment for defendant. In the alternative the court granted a new trial because of error in giving certain instructions. The view we take of the case makes it unnecessary to consider the alternative order or to detail the facts in evidence relating to damages.…