Ray v. Kansas City-Western Railway Co.

The opinion of the court was delivered by

Mason, J.:

The Kansas City-Western Railway Company appeals from a judgment rendered against it in favor of George Ray on account of a personal injury received while in its employ. It maintains that the evidence had no tendency to' show negligence on its part, but on the other hand conclusively established that the accident was occasioned by the plaintiff’s own want of due care.

Two empty electric cars were being taken from Leavenworth to Kansas City. Ray was helping run the second car, upon which were tools for rerailing cars in case of accident,…