Cochran v. Thompson

This is an action for damages for wrongful death, under the penalty section. [Sec. 3652, R.S. 1939, sec. 3262, Mo. Stat. Ann. 3353.] Plaintiff had a verdict for $10,000. Defendant has appealed from the judgment entered.

Defendant contends that the court erred in refusing to direct a verdict for defendant at the close of the evidence. Considering the evidence most favorably to plaintiff, the following facts appear. Plaintiff's husband, Joseph Cochran, was struck and killed by defendant's train, about a half mile south of the south city limits of Poplar Bluff and about a quarter of a mile north…