Coray v. Southern Pac. Co.

WOLFE, Justice.

This action was brought under the Federal Safety Appliance and Federal Employers’ Liability Acts, 45 U. S. C. A. §§ 1, 8, 9, 51 and 53, by the appellant, ancillary administrator of the estate of William Frank Lucus, deceased, against the respondent railroad company to recover damages for the alleged wrongful death of Lucus occurring while in the course of his employment as a signal maintainer for the respondent. The case has been tried twice. *4At the first trial, the trial court directed a verdict and entered judgment for the respondent which we affirmed on appeal. 112 Utah 166,…