Western & Atlantic Railroad v. Hyer

Mrs. Fannie Hyer brought against the railroad company an action for damages for the homicide of her husband, who, while in the defendant’s service as a locomotive engineer, was killed in a collision. There was at the trial ample evidence to show that with respect to this collision the defendant was negligent. Its main contention was that the deceased was also guilty of negligence contributing to his death. The jury returned a verdict for $5,500 against the company. It made a motion for a new trial, which was overruled, and it excepted. The grounds of this motion were, that the verdict was…