Kurtz v. Detroit, Toledo & Ironton Railroad

This is an action under the Federal employers’ liability act for the averred negligent killing of plaintiff’s decedent, Edward J. Gall, yardmaster of the yard of defendant Detroit, Toledo & Ironton Railroad Company at Delray. The declaration has separate counts on common-law negligence against the Pere Marquette Railway Company.. Plaintiff was required to elect which action would be pursued and the election was against the Detroit, Toledo & Ironton Railroad Company, hereinafter called the defendant. Plaintiff had verdict and judgment. Defendant brings error.

Delray yard is the northern…