Illinois Central Gulf Railroad v. Richardson

FAULKNER, Justice.

The Railroad appeals from a jury verdict, judgment, denial of motion for judgment n. o. v., or in the alternative for a new trial, in a wrongful death action, assessing damages against it for $264,000. We reverse, and grant a new trial.

We address ourselves only to Assignment of Error No. 36. During his oral charge to the jury, the trial judge said:

“If someone is injured as a proximate result of the failure of the engineer to do the thing which the court has mentioned, or someone is injured by reason of any negligence on the part of the railroad employees, that is, the…