James Clark McReynolds

“ Recent opinions of this court have laid down the rule concerning the measure of pecuniary damages to beneficiaries which may be recovered under the act. A recovery therefor by the administrator is in trust for designated individuals, and must be based upon their actual pecuniary loss. ”

“ The company unsuccessfully sought to remove the case; there was trial to a jury and verdict for $25,000 without apportionment, a remittitur of $7,000, and a final unqualified judgment in favor of the administrator for $18,000, which the supreme court of Arkansas affirmed (112 Ark. 305, 167 S. W. 83) . Three substantial assignments of error demand consideration.
1. The deceased and his administrator were citizens and residents of Arkansas. The railway company, a Missouri corporation, seasonably set up nonresidence and demanded removal of the cause to the United States district court. ”

“ Of course, in causes arising under this statute trial courts should point out applicable principles with painstaking care and diligently exercise their full powers to prevent unjust results; but its language does not expressly require the jury to report what was assessed by them on account of each distinct liability, and in view of the prevailing contrary practice in similar proceedings we cannot say that a provision to that effect is necessarily implied. ”