Carpenter v. Kurn

157 S.W.2d 213 (1941)

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Nature of the Case

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Facts

Carpenter brought this action to recover damages for the wrongful death of her husband on May 25, 1937. Her husband apparently was hit by a train. During trial the testimony of two witnesses (Sherman Gipson and Luther Houk) was admitted that showed that on two occasions following the accident, they, with others, made certain tests for the purpose of ascertaining the distance on standing on the track could tell that a person sitting in the same position and dressed the same as deceased was a human being. All the conditions were the same except the people making the test were on foot instead of in the cab of a moving engine. D objected to the admission of the evidence and was overruled. P prevailed for $20,000 in a second trial and D appealed.