Mathy v. Chicago & North Western Railway Co.

Plaintiff’s decedent, Vital Mathy, was a switchman in the employ of the defendant railway company which was engaged in interstate commerce. ■While so employed, Mathy met with an accident which resulted in his death. Plaintiff, as the administratrix of his estate, brought this suit under the Federal employers’ liability act (45 USCA, §§ 51-59) to recover damages, alleging that decedent’s death was caused by defendant’s negligence. The case was submitted to a jury and plaintiff had verdict for a substantial amount. At the close of the proofs defendant made a motion for a directed verdict. The…