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

Action under the Federal Employers’ Liability Act to recover damages for the alleged wrongful death of plaintiff’s intestate and husband, Joe E. Moran, an assistant signal maintenance man in the employ of defendant. He w'as struck by a through passenger train at Rutledge, Missouri, on December 14, 1926, while endeavoring to remove a service motor car from the track and out of the path of the approaching train. Plaintiff recovered judgment in the sum of $30,000 and defendant has appealed.

It is admitted that both deceased and appellant were at the time of the accident engaged in interstate…