Fidelity and Casualty Co. v. Reece

In this action brought under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq., Inosencia Solorio, as administratrix of the estate of Frank Solorio, deceased, sought to recover from the Atchison, Topeka and Santa Fe Railway Company damages for the death of the decedent. The decedent was employed by the defendant as a section laborer. At the time of the accident resulting in his death, he was riding on a railway motor car owned and operated by the defendant. The railway motor car and an automobile collided at the intersection of the railroad and a certain highway. The decedent sustained injuries from which he died. Negligence on the part of the defendant was alleged as the proximate cause of the accident and resulting death. The defendant denied negligence on its part and pleaded affirmatively that the sole and proximate cause of the accident and resulting death was the negligence of the driver of the automobile. The jury returned a verdict for the defendant; judgment was entered upon the verdict; plaintiff appealed; and for convenience, continued reference will be made to the parties as plaintiff and defendant, respectively.