Thomson v. Downey

SPARKS, Circuit Judge.

By this action appellee sought to recover damages in the sum of $10,000 from appellant for the death of her husband, Timothy C Downey. Decedent was a section foreman and was struck by a train while he was operating a hand car on appellant’s railroad track. A motion for a directed verdict was denied at the close of appellee’s evidence in chief, and it was renewed and denied at the close of all the evidence. There was a verdict for $4,500. Motions for a new trial and in arrest of judgment were overruled and a judgment was entered on the verdict. From that judgment this…