Atchison, Topeka & Santa Fe Railway Company, a Corporation v. Arzola Virginia Preston, as Administratrix of the Estate of Eugene H. Preston, Deceased

BRATTON, Chief Judge.

This was an action under the Federal Employers’ Liability Act, as amended, 45 U.S.C.A. § 51 et seq. Eugene H. Preston instituted the action against Atchi-son, Topeka and Santa Fe Railway Company to recover damages for personal injury. Plaintiff died during the pen-dency of the action; his wife was appointed administratrix of his estate; and she was substituted as party plaintiff. In an amended complaint, filed after the substitution of the administratrix as party plaintiff, it was alleged that from 1944 to 1953, the deceased was employed by the defendant in the…