Southern Pacific Co. v. Huyck

OPINION

By the Court,

Ducker, C. J.:

Plaintiff, as administratrix of the estate of her deceased husband, C. B. Huyck, instituted this action pursuant to the federal employers’ liability act, - 45 U. S. C. A. sections 51-59, to recover damages for his death alleged to have been caused by the negligence of defendant. The jury returned a verdict in favor of plaintiff. Defendant has appealed from the judgment entered therein and from the order denying its motion for a new trial.

The second amended complaint includes the following allegations: “That at said time and place (April 8, 1937, Hazen,…