Bailey v. Chicago, Burlington & Quincy Railroad Co.

RAWLINGS, Justice.

Action at law by Francis P. Bailey, individually, for automobile damage, and as administrator of the estate of Maude Elizabeth Bailey, deceased, for damages resulting from claimed negligence-caused-death of his decedent, killed instantly when the vehicle operated by her collided with defendant’s train. Trial to jury resulted in a judgment on verdict for defendant. From adverse ruling on their motion for a new trial, plaintiffs appeal. We reverse.

At the outset, our review is restricted to the limited record presented.

Prior to trial an application for adjudication of law…