Looney v. Norfolk & Western Railway Co.

*43Miller, Judge:

This action was instituted by plaintiff for the wrongful death of her husband, George Oscar Looney, under section 8069 Barnes’ Federal Code, 35 Stat. 65, for the benefit of herself as his surviving widow and their two infant children, George Oscar Looney, Jr., and Irwin Wilson Looney, aged respectively five and two years, laying the damages at $100,-000.00.

On the trial, on a plea of not guilty, the jury returned a verdict for $53,750,00, upon which the circuit court pronounced the judgment now before us for review. After verdict, defendant moved the court to set it aside and…