Malone v. Gardner

VAN OSDOL, C.

The administratrix instituted this action in damages under the Federal Employers’ Liability Act (45 U. S. C. A., § 51 et seq.) for the death of her decedent, Fred W. Malone,' who was fatally injured while working for defendant as a hostler at defendant’s roundhouse and yards in Kansas City. It is plaintiff’s theory that the death of her decedent was the result of falling from the top of an engine used in heating defendant’s .roundhouse. Defendant has appealed from a judgment upon verdict for plaintiff awarding $22,000 damages.

Herein upon appeal defendant-appellant contends…