Calumet Electric Street Railway Co. v. Van Pelt

The appellee is administratrix of her daughter, Edna Irene, who at the age of nine years was run over and killed by a car of the appellant.

The argument of the appellant in the opening brief is mainly upon the right to recover at all, under the circumstances of the accident, with allusion, however, to an instruction and a charge that the damages, $5,000, assessed by the jury, are excessive.

The instruction and criticism of it are as follows ;

1. The court instructs the jury that if you believe from the evidence that Edna I. Tan Pelt, while in the exercise of ordinary care for her safety, and…