Goodyear v. Davis

*393The opinion of the court was delivered by

Hopkins, J.:

The action was one by the administratrix to recover damages under the federal employers’ liability act for the wrongful death of Lewis Goodyear and for personal injuries sustained by him. The case has been twice tried, and this is the second appeal. The first trial in May, 1922, resulted in a verdict and judgment for the defendant. On appeal the judgment was reversed. (Goodyear v. Railway Co., 114 Kan. 557, 220 Pac. 282; 115 Kan. 20, 220 Pac. 1049.) The facts are fully stated in the former opinion and need not be repeated. In a second trial…