WILMOTH v. CHICAGO, ROCK ISLAND AND PACIFIC R. CO.

No. 55973.

486 S.W.2d 631 (1972)

Della WILMOTH, Executrix of the Estate of E. A. Wilmoth, Deceased, Respondent, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, (Rock Island Lines), Appellant.

Supreme Court of Missouri, Division No. 1.

November 20, 1972.


Attorney(s) appearing for the Case

Gage, Tucker, Hodges, Kreamer, Kelly & Varner, William L. Turner, Kansas City, Terry, Stewart & Negaard, Jack C. Terry, Independence, Lehmberg, Bremyer, Wise, Jones & Hopp, John K. Bremyer, McPherson, Kan., for respondent.

Thad C. McCanse, James & McCanse, Kansas City, for appellant.


KEITH P. BONDURANT, Special Judge.

This is an action brought under the Federal Employers' Liability Act by the Executrix of E. A. Wilmoth, deceased, for his wrongful death. Mr. Wilmoth died of a heart attack while employed as a station agent by defendant railroad at McPherson, Kansas, his death occurring in the depot shortly after he had unloaded a number of sacks of mail from defendant's train. The case was submitted to the jury on the basis that defendant failed...

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