Chicago, St. P., M. & O. Ry. Co. v. Henkel

BOOTH, Circuit Judge.

This is an appeal by defendant from a judgment after verdict in an action brought by appellee to recover damages on account of the death of her husband, Carl E. P. Henkel, which was alleged to have been caused by the negligence of appellant.

Henkel, at the time of his death, was in the employ of appellant as head brakeman on one of its freight trains, and was riding in the cab of the locomotive which was derailed by a washout. At the time of the accident, Henkel and defendant were both engaged in interstate commerce. The action was brought under the Federal Employers’…