Kelley v. Union Pacific Railway Co.

*163' necessary party, *162This action was brought by Kelley to recover damages for injuries received by him while employed as a bridge carpenter in constructing a bridge on the line of the defendant’s road. The court sustained a'demurrer to the plaintiff’s evidence, and he thereupon brought the case to this court to obtain a review of that ruling. The defendant in error moves to dismiss, on the ground that, on October 13, 1893, after the petition in error was filed, the property of the defendant was placed in the hands of receivers who have never been made parties to the proceedings in this^court.…