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

Petitioner, as administratrix, filed a complaint in a California state court under the Federal Employers’ Liability Act, 45 U. S. C. § 51, to recover damages for the alleged wrongful death of one L. C. Bristow. The trial court held that the allegations of the complaint, even if true, were totally insufficient to support a judgment for plaintiff, and entered judgment for the defendant. The State Supreme Court, two judges dissenting, affirmed on the same ground. 31 Cal. 2d 117, 187 P. 2d 729,

The complaint’s allegations and the inferences fairly drawn from them in summary are as follows:…