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

The opinion, of the court was delivered by

Marshall, J.:

The plaintiff sued to recover under the federal employers’ liability act for the wrongful death of Roy Morlan, the husband of Ethel Morlan. Judgment was rendered in favor of the plaintiff, and the defendant appeals.

The petition alleged that Roy Morlan was a fireman on one of the defendant’s freight trains; that the defendant was negligent in leaving new rock ballast piled on the railroad -track to such a height as caused the ballast to come in contact with the engine, thereby rendering the track dangerous and unsafe; that the defendant…