Woodward v. Missouri Pacific Railroad

This is a suit under the Federal Employers’ Liability Act for damages for personal injuries sustained by the plaintiff while working as a yard clerk for the defendant in the yards located at the state line in Kansas City. Judgment was for plaintiff for $9800, and defendant has appealed.

Respondent alleged in the petition several grounds of negligence, but at the close of all the evidence amended the petition to conform to the proof by charging that the employees of appellant were negligent “in carelessly and negligently causing, suffering and permitting said ear to be kicked in upon said track…