Defendant railroad company, having suffered heavily from depredations committed by a dangerous gang of train robbers, employed plaintiff's intestate as a train guard. Defendant also employed X, a member of the gang, to act as an informer and to forewarn defendant of the gang's activities. X, on one occasion, negligently failed to inform defendant of the gang's plans and plaintiff's intestate was killed by one of the robbers. Plaintiff brought action under the Federal Employer's Liability Act, as next of kin, on the theory that defendant was guilty of negligence in failing to warn the train guard, and that this negligent failure was the proximate cause of his death. Held, plaintiff could recover. David v. Missouri Pac. Ry (Mo. 1931) 41 S.W. (2d) 179.

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