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

*613The opinion of the court was delivered by

Marshall, J.:

The plaintiff prosecutes this action to recover damages for the wrongful death of her husband. The trial was to a jury, which answered special questions and returned a verdict in favor of the plaintiff for $10,000. Judgment was rendered in favor of the defendant "upon the special findings of fact heretofore returned herein, and upon all the evidence admitted upon the trial.” The plaintiff appeals.

The special questions submitted were answered by the jury as follows:

“1. On and prior to the 28th day of September, 1923, was the deceased,…