Maude Smith, Surviving Wife and Administratrix of the Estate of R. E. L. Smith, Deceased v. Fort Worth & Denver City Railway Company

TUTTLE, Circuit Judge.

This case is before us for the second time. It was instituted by appellant who was the administratrix of the estate and the widow of the deceased R. E. L. Smith, under the Federal Employers’ Liability Act. 1 Recovery was sought for injury, pain and suffering, loss of wages and for the wrongful death of Smith during the course of his employment as a switchman and engine foreman in one of appellee’s railroad switching yards.

The case was submitted to the jury on the first trial on all issues, including the claim for wrongful death. The jury returned a verdict for the…