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

Plaintiff brought this action under the provisions of the Federal Employers’ Liability Act (45 U.S.C.A., § 51) to recover damages for the death of Frederick Waits, deceased. Following a trial by jury, judgment was entered in favor of plaintiff in the sum of $25,000 and from said judgment, defendant appeals.

The contentions of defendant on this appeal are first, that there was no substantial evidence showing any negligence on the part of defendant and second, that even assuming that the evidence was sufficient to show negligence on the part of the defendant, there was no evidence showing that…