Boettcher v. Auslender

John Wilson, a brakeman employee of the receivers of The Denver & Salt Lake Railroad Company, was killed by their negligence in train operation while both were engaged in interstate commerce. This action for damages is under the Federal Employers’ Liability Act and was brought, as the act provides, by the administrator of Wilson’s estate and for the benefit of his minor son, his sole heir at law. The judgment against the receivers for $5,500 is here for review. The assignment of error in substance is that there is no averment in the complaint, and there is no evidence in the record, of any…