Smith v. . R. R.

Associate Justices AVERY and CLARK dissenting, arguendo. The issues submitted to the jury, and the responses, were as follows:

1. Was Joseph Smith killed by the negligence of the defendant? Answer: "Yes."

2. Did the said Joseph Smith, by his own negligence, (730) contribute to his own death? Answer: "Yes."

3. Could the defendant, by the exercise of reasonable care and prudence, have avoided the injury? Answer: "Yes."

4. What damage, if any, is the plaintiff administratrix entitled to recover? Answer: "$1,000."

It was in evidence that the engineer blew the locomotive whistle for the crossing, and…