Henkrick v. Kurn

In this action to recover $10,000.00 for the death of William C. Hendrick the jury returned a verdict in favor of the railroad. The trial court was of the view that two instructions given at the request of the railroad were erroneous and granted the plaintiff a new trial. On this appeal the railroad contends that in any event its demurrer should have been sustained because the plaintiff failed to prove an instance of discoverable peril within the meaning of our humanitarian doctrine.

Hendrick was twenty-nine years old, single and employed by a steel company. He lived with the Harris family, in…