Thomson v. Anderson

THOMAS, Circuit Judge.

The appellee, plaintiff in the lower court, as special administratrix of the estate of her deceased husband, Clark S. Anderson, brought this suit against the defendant to recover damages under the wrongful death statute of South Dakota for the death of her decedent. The defendant, appellant here, is trustee in reorganization proceedings of the property of the Chicago and Northwestern Railway Company. Plaintiff’s complaint alleged that her decedent met his death on June 4, 1942, as the result of the negligence of the railway employees in the operation of one of its trains.