Farmers Ins. Exchange v. Taylor‪.‬

Invoking the provisions of the Federal Employers Liability Act of April 22, 1908, as amended, 45 U.S.C.A. 51 et seq., Clementin Wottle, Administrator of the Estate of Edward Begay, deceased, instituted this action against the Atchison, Topeka and Santa Fe Railway Company, to recover damages for the injury and death of the deceased. It was alleged in the complaint that while the deceased was an employee of the Railway Company, and acting within the scope of his employment, he was negligently struck and killed by the defendants train, and that such negligence on the part of the Company was the proximate cause of the injury and death. The Company denied that the deceased was acting within the scope of his employment at the time of the accident; denied any negligence on its part, and pleaded contributory negligence.