Ewing v. Union Pacific Railroad

The opinion of the court was delivered by

Marshall, J.:

Neander C. Ewing commenced one of these actions to recover from the defendant damages sustained by him in a collision with a train while he was attempting to cross the railroad track of the defendant at a public highway. Neander C. Ewing, as administrator of the estate of Hattie E. Ewing, attempted to recover damages for her death, which occurred 'in the same accident. A verdict was rendered for the defendant in each case, and the plaintiff in each case appeals.

The cases were tried together in the district court, and questions submitted to…