Smith v. Wabash, St. Louis & Pacific Railway Co.

This is an action to recover damages for the killing of plaintiff ’ s husband, alleged to. have • been occasioned by the negligence of defendant, in *363which she recovered judgment for five thousand dollars, from which the plaintiff has appealed, and among others assigns as error the action of the court in refusing to instruct that, under the pleadings and evidence, plaintiff was not entitled to recover. A proper disposition of this question necessitates a review of the evidence, which shows that freight train No. 84 arrived from the west, on the morning of the fifteenth of December, 1881, at…