Warders v. Union Pacific Railroad

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs commenced this action to recover damages for the death of their infant child, alleged to have been caused by the negligence of the defendant at a crossing of the defendant’s railroad and a public highway. Judgment was rendered in favor of the plaintiffs for $2,400, and the defendant appeals.

The propositions argued are: ■ first, that the evidence to show the plaintiff’s financial loss was insufficient; second, that the trial court erred in assuming that the child would have lived until it attained the age of eighteen years;…