Burlington Northern, Inc. v. Priscilla G. Boxberger, Personal Representative of the Estate of Kenneth R. Boxberger, Deceased

OPINION

Before KOELSCH and ELY, Circuit Judges, and VOORHEES, * District Judge. ELY, Circuit Judge:

Suit in the District Court was instituted under the Federal Employers’ Liability Act [F.E.L.A.], 45 U.S.C. §§ 51-60. Originally three separate actions were filed against the appellant railroad, one for the death of an engineer (Ritter), a second for the death of a fireman (Box-berger), and the third, for injury to a brakeman (Stanwood). At the time of the accident that gave rise to the suit, Ritter, Boxberger, and Stanwood were employees of the appellant. A collision occurred between a locomotive…