Mayfield v. Kansas City Southern Railway Co.

This case, coming recently to the writer, is an action for damages under the wrongful death statute. The action was brought by an administrator for the benefit of the next of kin of the deceased, Benjamin Logan Mayfield. The petition contained charges of both primary and humanitarian negligence. The jury returned a verdict for the plaintiff for $10,000 and from the judgment entered thereon defendant has appealed.

[1] Defendant contends that its demurrer to the evidence, at the close of the case, should have been sustained because plaintiff failed to make a case for the jury of either primary…