Chicago, Burlington & Quincy Railroad v. Payne

This is an appeal from the judgment of the Adams circuit court, rendered in an action brought under the act of 1853, by appellee, as administrator of Albert Y. Payne, deceased, against appellant, to recover, for the benefit of the next of kin of deceased, the damages resulting from his death, which was caused, as it is alleged, by the wrongful acts, neglect and default of appellant’s servants.

The general grounds relied upon for reversal are: 1st, error in overruling appellant’s motion for a new trial; 2d, error both as to giving and refusing instructions.

The first of these grounds is narrowed…