129 Ky. 266 | Ky. Ct. App. | 1908
Opinion of the Court by
Affirming.
Hugh. Darlington was killed in a collision between a train operated by appellant and one operated by the Louisville & Nashville Railroad Company, which were using the same track. His administratrix sued both the railroad companies to recover damages for the destruction of his life, charging each with negligence. The result of the trial, which was conducted, so far as the court’s rulings went, in unobjectionable manner, was the following verdict: “We, the jury, find a verdict for the plaintiff to the amount of ten thousand dollars and fix the blame on the Pennsylvania Railroad Company. ” The Pennsylvania Railroad Company was not sued in the action. But the appellant, though a separate corporation, is a subsidiary
The instructions submitted these-issues in apt language. The trial lasted two days. The jury’s verdict shows, first, that they found for the plaintiff $10,000, thereby finding the fact to be that decedent did not come to his death by his own negligence, and that under the measure of recovery submitted by the court $10,000 was fixed as the value of the life which was destroyed. The only thing remaining, then, for them to do was to .say whether either company was alone guilty of the negligence which resulted in the injury, as otherwise both would have been liable, and the judgment would have gone against them jointly. In language not artistic, but leaving no doubt of the jury’s meaning, they “fixed the blame” on one of the defendants alone, thereby exonerating the other. If appellant’s proper name had been written in the place of “Pennsylvania Railroad Company,” there would have been no room for contesting the sufficiency
Appellant concedes that the record may be looked to in the interpretation of the verdict. But it contends that the record does not include the evidence, but is only that part which constitutes the roll, and which is consequently preserved in writing before the court. Under the practice in this State, the evidence may be taken, by order of the court, by the court’s official stenographic reporter, and is made, when so taken a part of the record in the case. Section 4639, Ky. Stats., 1903. But we are inclined to the opinion that, in the absence of such statute, the court was at lib*
Appellant also complains that the verdict was incomplete, in that it did not pass upon the question of the liability of the defendant the Louisville & Nashville Kailroad Company. But we think it did. The effect of the verdict, and the evident intent of the jury, was to find that the Louisville & Nashville Kailroad Company was not negligent in the matter. It was equivalent to a verdict in its behalf, and the judgment should have been accordingly. I. C. R. R. Co. v. Murphy’s Admr., 123 Ky. 787, 97 S. W. 729, 30 Ky. Law Rep. 93, 11 L. R. A. (N. S.) 352; Handley v. Lawlev, 90 Ala. 527, 8 South. 101; Maynard v. Powder, 75 Ga. 664. But whether the Louisville & Nashville Company may not have ground for complaint because a judgment was not rendered in its behalf on this verdict is ipot ground for complaint by this appellant. I. C. R. R. Co. v. Murphy, supra.
Judgment affirmed.