Lee v. Terminal Railroad Ass'n of St. Louis

CRANDALL, Judge.

A jury’s verdict in this wrongful death action awarded appellants Claude William Lee and Lorita Lee (plaintiffs) $50,000 for the death of their son, who was lying between the rails on the respondent’s (defendant’s) railroad track when he was struck and killed by defendant’s train. After the verdict, defendant filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The trial court overruled the motion for judgment n.o.v. but set the verdict aside and ordered a new trial on the ground that plaintiffs’ verdict-directing instruction1 and…