Dunne

Plaintiff, as administratrix of the estate of Thomas Dunne, deceased, brought this action against Walker D. Hines, as Director-general of Railroads of the United States Railroad Administration, to recover for the death of the decedent, alleged to have been killed through the negligent operation of cars belonging to the Southern Pacific Company, at a time while said Dunne was engaged in the performance of his duties as a laborer in the yard of the Pacific Coast Steel Company. The defendants filed an answer in which they denied all the allegations of the complaint, and stated that said decedent, Thomas Dunne, was killed through his own negligence and by colliding with the car of the defendants. Trial was had by jury, which returned a unanimous verdict for the plaintiff in the sum of fifteen thousand dollars. Judgment was entered accordingly. The defendants made a motion for a new trial, which was granted, from which order the plaintiff has appealed.

The motion for a new trial was based upon several grounds, to wit: excessive damages; insufficiency of the evidence to justify the verdict; that said verdict was against law, and errors of law occurring at the trial. The order of the…