Jurgens v. Thompson

Respondent Jurgens instituted this suit against appellant, Missouri Pacific Railroad Company, seeking $10,000.00 as damages for the death of his wife, alleged to have been caused through the negligence of the railroad company. A trial resulted in a verdict for the defendant. Plaintiff's motion for a new trial was sustained and defendant railroad company appealed.

[1] The trial court sustained the motion for new trial on the theory that instruction number three, given at defendant's request, was erroneous. Appellant, on this appeal, has devoted the major portion of its brief to the question of…