Kasper v. Kansas City Leavenworth & Western Railway Co.

*611The opinion of the court was delivered by

Marshall, J.:

This is an action to recover under the workmen’s compensation act for an accidental injury to the plaintiff, an employee of the defendant, which operated an electric interurban railway in Wyandotte county.

This is the second appeal in this action. (Kasper v. Rly. Co., 111 Kan. 267, 207 Pac. 208.) The action was commenced under the federal safety-appliance act and under the federal employers’ liability act, to recover damages for the injury to the plaintiff alleged to have been caused by the negligence of the defendant. The judgment that had…