Union Pacific Railroad Company v. John W. Jarrett, Etc.

Appellants Union Pacific and its employee, Fletcher, appeal from a judgment in a wrongful death action brought in diversity by the parents of the deceased, Catherine Joan Jarrett. The action was based upon the Idaho Wrongful Death Act, Idaho Code § 5-310 . The other defendant against whom judgment was entered was Alma Nelson, as administratrix of the estate of Herbert E. Nelson. Nelson was the driver of the car involved. He, along with Catherine Jarrett and another passenger in the car, was killed in the accident.

Trial was to a jury, which returned a verdict for appellees, awarding a total of $60,000. Appellants filed a motion for judgment notwithstanding the verdict or for a new trial. This appeal is from the judgment and from the denial of the motion. The administratrix of Nelson’s estate has not appealed.

Appellants specify the following errors : (1) The trial court erred in failing to grant appellants’ motions for a directed verdict, for judgment notwithstanding the verdict, and for a new trial. (2) The trial court erred in failing to give a requested instruction. (3) The trial court should have either reduced the damages or granted a new trial on the issue of damages.

We…