Wabash Railway Co. v. Whitcomb

Action by appellee to recover damages from appellant for the death of her husband. Liability was predicated upon the federal Employers’ Liability Act. The complaint was in two paragraphs. By the first paragraph, appellee sought to recover damages for the benefit of decedent’s widow and next of kin on account of the death of said decedent. By the second paragraph, appellee sought to recover damages for the injuries to and suffering of said decedent in the interval between the accident and his death.

Decedent was a fireman upon appellant’s railroad, and, on November 12, 1923, and near the…