NORTHERN PACIFIC RAILWAY COMPANY v. MELY

No. 14037.

219 F.2d 199 (1954)

NORTHERN PACIFIC RAILWAY COMPANY, a corporation, Appellant, v. Tillie MELY, as Administratrix of the Estate of A. E. Mely, deceased, Appellee.

United States Court of Appeals Ninth Circuit.

December 13, 1954.


Attorney(s) appearing for the Case

Cannon, McKevitt & Fraser, Spokane, Wash., Verner R. Clements, Lewiston, Idaho, for appellant.

Maury, Shone & Sullivan, Butte, Mont., Paul W. Hyatt, Lewiston, Idaho, for appellees.

Before BONE, FEE and CHAMBERS, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

The Administratrix of the Estate of A. E. Mely, deceased, brought action against the Northern Pacific Railway Company under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., for wrongful death of Mely, who was employed as an engineer by the Railway. The case was tried before a jury, which awarded a verdict to plaintiff.

The engineer at the time of death was in charge of an extra train, No. 6015, consisting...

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