This is аn appeal from a verdict and judgment against the railroad company in the amount of $10,000 in an action for the death of Miss Ruth Mae White in a crossing accident. There are two principal assignments of error. 'The first is that the court should have directed
It is unnecessary to discuss the evidence in detail, and, therefore, we will set out a brief summary of the facts in the case. It appears that on March 3, 1952, аt about 6:30 P. M., Miss White was riding in a car with a fifteen year old boy on a street in the Town of McLain. The automobile in which she was riding was then traveling in a westerly direction approaching the tracks of the railroad company. At about that time a freight train was proceeding on the railroad track in a southerly direction through the Town of McLain. There were three crossings in the town, including the one at which the accident occurred аnd two others north thereof. The train struck the automobile at the crossing and Miss White was instantly killed. The proof shows that there were trees and cеrtain structures north of the street and east of the railroad which to some extent obscured the view. The accident occurred after dаrk and the weather was rainy. The engineer testified that it was “just good dark, just had turned good dark, and it was hazardous.”
The principal basis of liability relied on was that the statutory signals were not given. Section 7777, Code of 1942, at that time required that the railroad company ‘ ‘ shall cause the bell to be rung оr the whistle to be blown at the distance of at least three hundred yards from the place where the railroad crosses over any highway or municipal street, and the bell shall be kept ringing or the whistle shall be kept blowing continuously until said crossing is passed.” As in so many cases of this kind, there is conflicting testimony in the record with respect to the blowing of the whistle and the ringing of the bell. The evidence on behalf of appellant is that the statutоry signals were given. The evidence on behalf of appellee is that the whistle blew for the northernmost crossing only and that the bell was not ringing, or that the wit
We have carеfully examined this evidence in the light of Mobile and Ohio Railroad Co. v. Johnson,
With respect to the amount of damages in this case, the trial court instructed for the plaintiff that the jury might take into consideration (1) the loss of companionship and society sustained by the plaintiffs, (2) all contributions and gifts that the plaintiffs had the right to reasonably expect based on past gifts and сontributions, and (3) the funeral bills. At the request of the defendant, the court instructed that there could be no damages awarded for pain and suffering of thе deceased. There was testimony that the funeral expenses amounted to about $500. The other two elements submitted to the jury were loss of companionship and society and reasonably expected contributions and gifts. The beneficiaries of the suit (referred to in the instructions аs plaintiffs) were two brothers and two sisters of the deceased. It was shown that one brother was 48 years of age, the other was 38 years old, one sister was 40, and the other,
This Court has held that in a suit of this kind where the interested parties suing for the dеath of another are the brothers and sisters of the deceased, loss of companionship may be considered as an element of damages. G. & S. I. R. R. Co. v. Boone,
With respect to the other element of damages submitted to the jury, that is, the reasonable exрectation of gifts
Affirmed.
