McCall v. Thompson

Action for penalty for wrongful death. After verdict for defendant, a new trial was granted on account of errors in instructions, and defendant appealed. We have jurisdiction, because the amount sued for is $10,000.

Ella Shelton and her husband were instantly killed at a public grade crossing in Lawrence county on May 23, 1937, when the 1936 Chevrolet coupe in which they were riding was struck by one of defendant's trains. This suit was instituted by the administrator of Mrs. Shelton's estate on the theory that her husband did not survive her and that her nearest surviving relatives were her…