Showalter v. Western Pacific Railroad

Plaintiff, as administratrix of the estate of Joseph W. Showalter, deceased, brought this action to recover damages for the death of said deceased. Upon trial by jury, plaintiff had judgment in the sum of $18,000. Defendant appeals from said judgment and from the order denying its motion for judgment notwithstanding the verdict.

Plaintiff’s complaint contained two counts. The first was predicated on negligence under the Federal Employers’ Liability Act, 45 U. S. C. A. 51, et seq., and the second charged violation of the Safety Appliance Act, 45 U. S. C. A. 1, et seq. It was alleged in the…