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KANSAS CITY SOU. RY. v. JONES

No. 349.

276 U.S. 303 (1928)

48 S.Ct. 308

72 L.Ed. 583

KANSAS CITY SOUTHERN RAILWAY COMPANY v. JONES, ADMINISTRATOR.

Supreme Court of United States.

Decided March 19, 1928.

Attorney(s) appearing for the Case

Mr. A.F. Smith, with whom Messrs. Frank H. Moore, J.J. King, J.Q. Mahaffey, and S.W. Moore were on the brief, for petitioner.

Mr. S.P. Jones, with whom Mr. Franklin Jones was on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an action under the Employers' Liability Act for the death of one R.D. Ferguson, who was a car inspector on the petitioner's road. No one saw the death, but the body was found between the main track and a parallel track, and the probability is that Ferguson was killed by a train going north on the former. A freight train was being made up on the parallel track, and the hypothesis of the respondent, supported...

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