Resner v. Northern Pacific Railway

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion ■of the Court.

This appeal arose out of a wrongful death action brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 •et seq. Herbert R. Resner and his section foreman, Benny Adams, were killed when the track motor ear on which they were riding collided with a Northern Pacific freight train on August 15, 1967. The collision occurred between Alberton and ■Cyr, Montana, between Mileposts 158 and 159 on the Northern Pacific tracks. At the time of their death, both Resner and Adams were employees of the defendant railroad company…