Chicago, Rock Island & Pacific Railroad v. Gray

Frank Holt, Justice.

This is a railroad crossing accident case in which appellee’s husband, the decedent, was fatally injured. A jury assessed damages at $782.37 for decedent’s estate, $21,000 for his next of kin, and $1,200 for the appellee individually. From that judgment comes this appeal.

The case was submitted to the jury principally upon two theories of liability by the appellant: one, that appellant’s employee and co-defendant, Dennis Chadwick, was negligent in failing to maintain a proper lookout as fireman on the train involved in this accident; two, that the railroad crossing was…