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

The opinion of the court was delivered by

Johnston, C. J.:

The Atchison, Topeka & Santa Fe Railway *782Company appeals from a judgment awarding the plaintiff, Jess W. McCoy, damages in the sum of $15,500. The plaintiff, a carpenter, with six or seven other employees of defendant, were engaged in repairing a foot viaduct over .defendant’s railway tracks under the supervision of a foreman. The viaduct is a wooden structure about 800 feet long and supported by wooden posts, which made the floor of the viaduct about 22 feet from the ground. Some of the timbers in the viaduct had become rotten and' the…