MALONE v. GARDNER

No. 41923.

242 S.W.2d 516 (1951)

MALONE v. GARDNER.

Supreme Court of Missouri, En Banc.

October 8, 1951.


Attorney(s) appearing for the Case

Charles M. Miller, Kansas City, for appellant.

Ben W. Swofford, Robert A. Schroeder, Kansas City, Lee E. Weeks, Kansas City, Kan., Swofford, Schroeder & Shankland, Kansas City, Stanley, Stanley, Schroeder, Weeks & Thomas, Kansas City, Kan., of counsel, for respondent.


VAN OSDOL, Commissioner.

The administratrix instituted this action in damages under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for the death of her decedent, Fred W. Malone, who was fatally injured while working for defendant as a hostler at defendant's roundhouse and yards in Kansas City. It is plaintiff's theory that the death of her decedent was the result of falling from the top of an engine used in heating defendant's roundhouse. Defendant...

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