Southern Ry. Co. v. Whaley

Whaley, as administrator, recovered a judgment of $7,500 for the death of his daughter, struck by a Southern Railway train. The Court of Appeals affirmed, after suggesting a remittitur of $2,500', which was accepted. The railway brings this petition, which has been granted and argument heard, and assigns a number of errors, among others that a verdict should have been directed in its favor on the facts; that the charge was erroneous, both because of affirmative expressions employed and also refusal of requests; and it is insisted that the errors recognized by the Court of Appeals in its…