Hartung v. Union Pac. R. Co.

Blume, Justice.

Martin H. Hartung, Administrator of the Estate of Charles F. Smith, sued the Union Pacific Railway Company for causing the death of said Smith on September I, 1921. At the conclusion of the testimony, the court directed the jury sitting in the ease to return a-verdict in favor of the railway company. This was done, and judgment was rendered for the defendant, from which the administrator appeals.

The salient facts are as follows: On the 1st day of September, 1921, and for a number of years prior thereto, Charles F. Smith, the decedent, was in the employ of said railway company…