Cowherd v. Mo. Pac. R.R. Co.

* Corpus Juris-Cyc. References; Negligence, 29 Cyc., p. 530, n. 15; Railroads, 33 Cyc., p. 954, n. 30; p. 1047, n. 39; p. 1049, n. 48; p. 1083, n. 90; p. 1087, n. 36, New; p. 1129, n. 68. This is an action under the statute to recover for the death of one George Cowherd, alleged to have been caused by the negligence of the defendant. There was a verdict and judgment in favor of plaintiff in the sum of $5000 and defendant has appealed.

The facts show that about 11:00 A.M. of August 4, 1921, George Cowherd and three ladies were riding in a five-passenger Ford automobile westward on Washburn, an…