Anderson v. Atchison, Topeka & Santa Fe Railway Co.

In this action plaintiff administratrix seeks damages under the provisions of section 51 of the Federal Employers’ Liability Act (45 U.S.C.A.) for the wrongful death of her intestate, L. C. Bristow. When the matter came on for trial, defendant objected to the introduction of any evidence, on the ground that the complaint fails to state a cause of action. The objection was sustained, judgment was entered in defendant’s favor, and plaintiff appeals. The issue presented is forthrightly defined and the pertinent authorities are helpfully collected in the excellent briefs of counsel for the…