CHICAGO, M., ST. P. & PR CO. v. Kane

DIETRICH, Circuit Judge.

The appellee, as administratrix, recovered judgment for $4,500 against appellant for the death of Frank P. Kane, who was struck and killed by one of appellant’s west-bound passenger trains at Alcazar, Mont., on September 15, 1928. By the assignments and briefs three general questions are submitted for our consideration: (1) Were Kane’s relations to appellant and the conditions at the time of the accident such as to bring the case within the range of the Federal Employers’ Liability Act? 45 USCA § 51 et seq. (2) Was the evidence sufficient to send to the jury the issue…