Three Point Coal Co. v. Moser

This is an appeal from a judgment of the Warren Circuit Court entered on the verdict of a jury awarding appellee-plaintiff, Geraldine F. Hines, administratrix of the estate of Hugh Gates Hines, the sum of $18,000 for damages sustained by the estate, for loss of the truck and for funeral expenses incurred when decedent was struck and killed by a train of appellant-defendant, Louisville & Nashville Railroad Company. Reversal is urged upon the ground that the lower court erred because it overruled appellants motion to peremptorily instruct the jury to return a verdict for it, and, having so erred, it should have sustained appellants motion for judgment in its favor notwithstanding the verdict.