W.M.W. N.W. Ry. Co. v. Duncan

The appellant prosecutes this appeal from a judgment in the sum of $6000, recovered by the appellee, Mrs. M.J. Duncan, as the surviving wife of Frank Duncan, deceased, and as the next friend of the four minor children of herself and Frank Duncan. The recovery was had on account of the death of Frank Duncan, which occurred on January 17, 1893, and which the plaintiff alleged to be due to the negligence of the defendant, the appellant railway company.

On the issues made by the pleadings and the evidence, and perforce of the verdict of the jury, we find the following conclusions of fact:

The…