Chicago, St. P., M. & O. Ry. Co. v. Kulp

VAN VALKENBURGH, Circuit Judge.

Appellee herein, plaintiff below, sued as administrator to recover damages for the death of Harry Rice Kulp, sustained while in the employ, as a freight brakeman, of the above named appellant railway company, generally referred to as the “Omaha”. In this opinion the parties will be designated as in the trial court.

This is the second time this case has appeared before us on appeal. On the former trial, at the conclusion of all the evidence, the district court sustained the defendant’s motion for a directed verdict on the ground that the evidence was insufficient…