Janssens v. Thompson

Action for $10,000.00 damages for wrongful death of plaintiffs’ son. Verdict for defendant and new trial ordered for error in giving defendant’s Instructions 4, 5 and 6. Defendant has appealed.

Defendant contends that these instructions were correct and also that plaintiffs failed to make a jury case. The case' was submitted solely upon humanitarian negligence. Plaintiffs’ son, Edgar G. Janssens, Jr., was killed when the truck he was driving east was struck by defendant’s northbound passenger train at the entrance to Flynn’s *354.Quarry in Jackson County. This quarry was on the east side of the…