Gulf, C. & S. F. Ry. Co. v. Gaddis

Nancy Gaddis, in behalf of herself and her minor children, sued the Gulf, Colorado & Santa Fé Railway Company to recover damages for the negligent killing of the husband and father, Jack Gaddis. There was a trial before a jury resulting in a verdict and judgment for the plaintiffs in the sum of $4,500, and the defendant prosecutes error.

A single assignment is presented, and that involves the question that, under the undisputed facts, the trial court should have instructed a verdict for the defendant upon the issue of the deceased’s contributory negligence. The propositions submitted under…