Dove v. Atchison, Topeka & Santa Fe Railway Co.

This is an action for $10,000.00 damages for wrongful death, brought by the children of Velma Britt, who was killed by defendants' train on a public street crossing in the city of Hardin. The jury found for defendants, but the trial court sustained plaintiffs' motion for new trial. Defendants have appealed from the order granting a new trial.

[1] The trial court stated no reason for its action in its order granting a new trial; so plaintiffs must assume the burden of showing prejudicial error which would warrant a reversal on appeal if judgment [550] had been entered on the verdict. [See King…