Gonzales, Administrator v. Atchison, T. & SF Rly. Co.

The opinion of the court was delivered by

Schboeder, J.:

This is an action for wrongful death brought by the plaintiff administrator pursuant to the Federal Employers’ Liability Act (45 U. S. C., § 51, et seq.) in the district court of Sedgwick County, Kansas, as authorized by G. S. 1949, 59-1707 and 59-1708.

The plaintiff’s decedent, Emilio Perez, a resident of Otero County, Colorado, while in the course of his employment by the defendant railroad met his death as a result of an automobile collision occurring near Las Animas in Bent County, Colorado.

Service of process was obtained upon the…