Hernandez v. Chicago Burlington & Quincy Railroad

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an action under R.C.M.1947, section 93-2809, which provides that a parent may maintain an action for the injury or death of a minor child when such injury or death is caused by the wrongful act or neglect of another. The section further provides that such “action may be maintained against the person causing the injury or death, or if such person be employed by another person who is responsible for his conduct, also against such other person.”

The case was tried before a jury on March 9, 1964, before the Honorable C. B.…