Ames v. Western Pacific

OPINION

By the Court,

Ducker, J.:

Respondent is the widow of Chester W. Ames, deceased, and brought this action to recover damages for his death, resulting from personal injuries alleged to have been caused by the negligence of the appellant. In the answer the negligence charged was denied and the defense of contributory negligence and assumption of risks pleaded. The action was tried before a jury, and verdict and judgment rendered against appellant. From an order denying its motion for a new trial, this appeal is taken.

There are two causes of action set up in the complaint. At the conclusion…