Daly v. Chicago & North Western Railway Co.

Frank T. Gallagher, Justice.

Appeal from an order of the district court.

Plaintiff, Bernadine K. Daly, representative of the estate of Marcus J. Daly, deceased, brought this action against the defendant railway company for damages resulting from an alleged breach of a contract by the defendant to compromise and settle a personal injury claim.

Plaintiff alleged in her complaint that on August 8, 1958, and for some 41 years prior thereto, Marcus J. Daly was employed as a freight conductor for the defendant; that on said date an accident occurred in which defendant’s train, on which Daly was…