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

The opinion of the court was delivered by

Hopkins, J.:

The action was one under the federal employers’ liability act by a widow, as administratrix, to recover for the death of her husband. Plaintiff prevailed, and defendant appeals.

The facts were substantially these: M. G. Toops had been in the employ of the defendant railway company since 1913. Eor several years prior to August 12, 1926, he had been in passenger service running out of Kansas City. The middle of August of that year he was transferred to Dodge City as freight conductor from Dodge City to Elkhart. (He had not run on this line for…