Walker v. Scott

The opinion of the court was delivered by

Cunningham, J.:

The defendant in error brought an action in the district court of Osage county against the plaintiffs in error to recover damages on account of personal injuries. The plaintiffs in error, who as receivers were operating the Atchison, Topeka & Santa Fe railroad, found it necessary to dig a trench on the south side of the track, between it and the Marais des Cygnes river, about a mile east of Quenemo, for the purpose of riprapping the bank in order to prevent the river from washing away the road-bed and track. The work had progressed some…