Womack v. Missouri Pacific Railroad

This is an action for wrongful death, on behalf of next of kin, under Section 3262, Revised Statutes 1929. Plaintiff's daughter, Nellie Womack, was killed by defendant's train on a public crossing in Butler County. The case was submitted only upon negligence under the humanitarian doctrine in failing to give warning of the approach of the train. Plaintiff recovered a verdict for $10,000, and from the judgment entered thereon defendant has appealed.

Defendant did not call the trainmen to the witness stand and offered no evidence except photographs and measurements, but contends that plaintiff's…