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

The opinion of the court was delivered by

Price, J.:

This was a common-law action to recover for personal injuries received as a result of the alleged negligence of defendant. Defendant has appealed from an order striking portions of its answer.

Plaintiff’s injuries were sustained on September 2, 1953, and the action was filed on August 31,1955.

Briefly stated, plaintiff’s petition alleges that on September 2, 1953, he was employed by the Kiewit Company near Bazine, Kansas, and that defendant had set out on its siding at or near Bazine certain cars of materials assigned to the Kiewit Company.…