Denia M. Fawcett, Administratrix of the Estate of Floyd S. Fawcett v. Missouri Pacific Railroad Company

This appeal is from a summary judgment entered in favor of the defendant Railroad Company in an action under the Federal Employers’ Liability Act, 45 U.S. C.A. §§ 51-60. The sole issue was whether the deceased, Fawcett, was an employee of the defendant within the meaning and purpose of the Act at the time of his death. That issue was fully explored by affidavits, oral testimony and exhibits. The district court held that there was no genuine issue of fact. Thinking that no reasonable man could differ with the conclusion that the deceased was not an employee of the defendant at the time he met…