CARPENTER v. ATCHISON, T. & S.F. RY. CO.

Docket No. 4423.

109 Cal.App.2d 18 (1952)

240 P.2d 5

THURLYNE B. CARPENTER, as Administratrix, etc., Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY (a Corporation), Respondent.

Court of Appeals of California, Fourth District.

January 29, 1952.


Attorney(s) appearing for the Case

C. Arthur Nisson, Jr., for Appellant.

Robert W. Walker, Louis M. Welsh, Henry M. Moffat and Charles R. Swanner for Respondent.


MUSSELL, J.

Plaintiff brought this action, under the provisions of the Federal Employers' Liability Act, United States Code Annotated, title 45, section 51, for the recovery of damages for the wrongful death of her husband. The decedent was a track supervisor employed by defendant and was killed while operating a railway motor car at a crossing near Tustin in Orange County. The action was tried before a jury. Defendant's motions for a nonsuit and a directed verdict...

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