Burlington-Rock Island R. v. Pruitt

TIREY, Justice.

Plaintiffs brought this suit against defendants to recover damages for injuries resulting in the death of their fourteen year old son, Warren Pruitt, who was killed by one of defendants’ trains. The action was grounded solely on the theory of discovered peril and was tried to a jury and a verdict was returned in favor of plaintiffs and the judgment followed the verdict.

The judgment is assailed on two grounds: (1) the court erred in refusing defendants’ motion for an instructed verdict, because there was no evidence raising the issue of discovered peril; and (2) the court erred…