Osborne v. Missouri Pacific Railway Co.

Oldham, 0.

In tbis action the plaintiff in the court bel on', who is also plaintiff in error in this court, filed a petition in the district court for Douglas county, Nebraska, alleging that, while in the employ of the defendant railway company as a. switchman in its yards at Omaha, he received serious personal injuries caused by the negligence and carelessness of'defendant. It is not necessary to review the petition further than to say that, on its face, it stated a good cause of action. Defendant answered this petition, denying all the allegations of negligence, and pleaded, by way of accord…