Wilmoth v. Chicago, Rock Island and Pacific R. Co.

KEITH P. BONDURANT, Special Judge.

This is an action brought under the Federal Employers’ Liability Act by the Executrix of E. A. Wilmoth, deceased, for his wrongful death. Mr. Wilmoth died of a heart attack while employed as a station agent by defendant railroad at McPherson, Kansas, his death occurring in the depot shortly after he had unloaded a number of sacks of mail from defendant’s train. The case was submitted to the jury on the basis that defendant failed to provide plaintiff’s decedent with sufficient help. Plaintiff received, a judgment in the amount of $45,000.00. Defendant seeks a…