Rich v. Wilson

<p>Abstract of the Decision.</p> <p>1. Railroads, § 775*—when instruction as to giving of warning signals 6y train approaching crossing is erroneous. In an action to recover damages for death due to a collision between an automobile' in which the decedent was riding and a railroad train, an instruction that the law required the defendant railroad to have a bell ringing continuously or a whistle sounding continuously on the engine of a train for eighty rods immediately before reaching a public crossing, held to be erroneous, as the railroad company had the option of sounding the bell part of the time and the whistle part of the time or of sounding the bell or the whistle all of the time, but was not required to sound either all of the time.</p> <p>2. Death, § 73*—when instruction on erroneous. In an action to recover damages for death due to a collision between an automobile in which decedent was riding and a railroad train, held that an instruction that the jury “should fix such damages at such amount as they may believe from the preponderance of the evidence will justly and fairly compensate the next -of kin” was erroneous.</p> <p>3. Death, § 67*—when verdict for death of child excessive. In an action to recover damages for the death of a four-year-old child for the benefit of the next of kin, where there was no evidence of whether the child was well and strong or sickly and weak, or whether it was bright or foolish, or whether its characteristics were such as would likely render it a burden or a benefit to the next of kin, a verdict of $5,000 damages held to be excessive.</p>