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

The opinion of the court was delivered by

Hutchison, J.:

This is an action under the federal employers’ liability act by the administratrix of Earl A. Ryan, deceased, to recover from the Atchison, Topeka & Santa Fe Railway Company damages for herself and her minor children on account of the death of her husband, Earl A. Ryan, alleged to have been caused by the *707negligence of the defendant railway, its agents, servants and employees, at Wellington, Kan., on March 3, 1927. She recovered a judgment for $10,000, and defendant appeals.

'The petition alleges that the deceased, an engineer in the employ…