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GONZALES, ADMINISTRATOR v. ATCHISON, T. & S.F. RLY. CO.

No. 42,738

189 Kan. 689 (1962)

371 P.2d 193

THOMAS GONZALES, Administrator of the Estate of Emilio Perez, Deceased, Appellant, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 5, 1962.

Attorney(s) appearing for the Case

R.R. Barnes, of Wichita, argued the cause, David A. Gushurst, of LaJunta, Colorado, Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Cliff W. Ratner, Edmund R. Learned, James R. Barr and Frank W. Hylton, all of Wichita, were with him on the brief for the appellant.

W.E. Treadway, of Topeka, argued the cause, Charles W. Harris, of Wichita, C.J. Putt and J.B. Reeves, both of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for wrongful death brought by the plaintiff administrator pursuant to the Federal Employers' Liability Act (45 U.S.C., § 51, et seq.) in the district court of Sedgwick County, Kansas, as authorized by G.S. 1949, 59-1707 and 59-1708.

The plaintiff's decedent, Emilio Perez, a resident of Otero County, Colorado, while in the course of his employment by the defendant...

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