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SCHILLIE v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

No. 15135.

222 F.2d 810 (1955)

Marvel SCHILLIE, Administratrix of the Estate of Marion Schillie, Deceased, Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 17, 1955.

Attorney(s) appearing for the Case

Ernest Hubbell, Kansas City, Mo. (Frank X. Mattes, Kansas City, Mo., was with him on the brief), for appellant.

Richmond C. Coburn, St. Louis, Mo. (John H. Lathrop, Sam D. Parker, Kansas City, Mo., and Frank E. Booker, St. Louis, Mo., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and COLLET and VAN OOSTERHOUT, Circuit Judges.

COLLET, Circuit Judge.

Plaintiff, as Administratrix of the Estate of Marion Schillie, brought this action to recover damages for the death of Marion Schillie, her husband, who was killed while working for the defendant Railway Company in the repair of defendant's railroad bridge at Topeka, Kansas. Negligence was charged under the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq. A jury returned a verdict for the defendant. From the judgment entered...

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