Pacific Atlantic Steamship Company, a Corporation v. Emma Hutchison, Administratrix of the Estate of Nathaniel Patrick Hutchison, Deceased

This is an appeal from a judgment entered in the District Court in favor of the Plaintiff, Appellee, for damages in the sum of $45,000.00. The action was originally filed in the District Court in 1952, the first amended complaint being filed October 2, 1952, wherein the Plaintiff, in two causes of action, sought recovery because of pain and suffering endured by her husband, and pecuniary loss because of the alleged wrongful death of her husband.

A trial was had before the Court and jury in October, 1952, and the Jury, by its verdict filed October 29, 1952, found against the Plaintiff, and in favor of the Defendant on each count.

An appeal was taken to this Court where the judgment on that verdict was reversed and the matter remanded to the District Court for a new trial. A brief statement of the facts are contained in that opinion as follows:

A second trial was had before the Court and jury on the same set of facts together with some additional facts not covered in the above statement, but which do not change the case materially. Based on those facts and the instructions of the court, the jury returned a verdict in favor of the plaintiff. The matter is before this Court now on…