Wilkinson v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

IRWIN, Justice.

The wife and daughter of plaintiff in error, J. C. Wilkerson, hereinafter referred to as plaintiff, were killed as a result of an automobile-train collision. Plaintiff commenced this action against the railroad company and the train’s operator, H. M. Kenaga, to recover damages for the death of his wife only.

The jury returned a verdict for defendants and plaintiff appeals from the order overruling his motion for a new trial.

Only those facts necessary to determine the issues raised in this appeal will be delineated.

PROPOSITION I

Plaintiff contends the trial court erred in (1)…