Indianapolis & Cincinnati Railroad v. Davis

This was an action brought by the appellee, as the widow of Owen Davis, against the appellants, for causing the death of said Owen, who was killed upon • the road of the appellants. Trial by a jury; verdict and judgment for plaintiff below. Motions for a new trial and in arrest of judgment overruled.

J. S. Scobey, W. Cumback, W. J. Peaslee and J. Ryman, for the appellants (1). M. M. Ray, for the appellee.

The action cannot be maintained at common law, and the statute which gave the widow a right of action in such case (1 R. S. 1852, p. 426), was repealed by § 784, 2 id. p. 205, as has already…