Chicago, Rock Island & Pacific Railroad v. Lynch

Conley Byrd, Justice.

In a wrongful death action by appellee, Lois A. Lynch, individually and as executrix of the estate of Jude J. Lynch, deceased, against appellant Chicago, Rock Island & Pacific Railroad Co., the jury returned a verdict finding the railroad 61% negligent and appellee’s decedent 39% negligent. By proper motion the railroad has raised in this court the sufficiency of the evidence to sustain the verdict.

The record shows that the railroad tracks in the city of Carlisle run cast-west, with the main line being immediately noi’th of a team line. Highway 13 crosses the railroad at…