Schwartz v. Kansas City Southern Railway Co.

WESTHUES, Commissioner.

This is a suit filed by plaintiff Jewell M. Schwartz as administratrix of the estate of Edmund J. Schwartz, her husband, deceased, to recover damages for his death. A trial by jury resulted in a verdict and judgment for plaintiff in the sum of $22,500. Defendant appealed.

Plaintiff’s cause of action was based on the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. Plaintiff’s husband lost his life on August 27, 1952, when he was cutting weeds and brush on defendant’s right of way in Vernon County, Missouri. The immediate cause of death was that a tractor…