Mahan v. Missouri Pacific Railroad

SATZ, Presiding Judge.

Samuel Mahan (Mahan) was employed by defendant, Missouri Pacific Railroad Company. While in the engine of a train owned by defendant, Mahan was killed when the train collided with another train owned by defendant. Mahan’s widow, administratrix of Mahan’s estate and plaintiff here, sued defendant for damages. Plaintiff appeals. We affirm.

Plaintiff sued defendant in four counts. Count I bases liability on res ipsa loquitur. Count II alleges a breach of a duty to warn. Count III alleges a malfunction of train brakes in violation of the Safety Appliance Act, 45 U.S.C. § 1…