McDougall v. Atchison, Topeka & Santa Fe Railway Co.

*136The opinion of the court was delivered by

Porter, J.:

Rosanna McDougall, as administratrix of the estate of her deceased husband, Paul W. McDougall, sued the Atchison, Topeka and Santa Fe Railway Company, to recover damages for the death of her husband while in the employ of the defendant. She recovered judgment for $11,000, and the defendant appeals.

The action is based on the federal employers’ liability act of 1908 (Part 1, 35 U. S. Stat. at Large, ch. 149, p. 65). The petition averred and the defendant concedes that it is a corporation operating a line of railway as a common carrier in…