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

The opinion of the court was delivered by

Burch, J.:

The plaintiff recovered damages suffered on account of the death of her husband, Warren A. Burks, occasioned by the negligence' of the defendant. At the time he was injured the deceased was engaged in an attempt to make a coupling of freight-cars. On the trial of the action it became material whether the coupling device of one of the cars was defective, and whether the defendant had notice of the defect.

Previous to the time the case was called for trial the plaintiff served upon the defendant a notice demanding an inspection and copy, or…