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

The opinion of the court was delivered by

Dawson, J.:

This is an action for damages for injuries which caused the death of Antonio Fuentez, a Mexican workman, while he was employed in the defendant’s workshop.

While the deceased and three other workmen were engaged in moving a heavy boiler on a wheeled “trailer” which was hauled by a small motor truck, one or more of the wheels of the trailer dropped into a groove and stopped. The floor where the men were at work contained a railway track which had been pranked, and this groove was beside the rail to permit the revolution of the flanges on car…