Atchison, Topeka & Santa Fe Railway Co. v. Ryan

The opinion of the court was delivered by

Doster, C. J. :

This was an action brought by T. L. Ryan, as administrator of the estate of M. J. McGlade, deceased, in behalf of the latter’s next of kin, against the Atchison, Topeka & Santa Pe Railway Company, to recover damages for negligently causing the death of said McGlade. A verdict and judgment were rendered for plaintiff, to reverse which defendant has prosecuted error to this court. The action was brought upon the statute (Gen. Stat. 1897, ch. 95, §418; Gen. Stat. 1899, §4686), which reads as follows :

"When the death of one is caused by the…