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

*762The opinion of the court was delivered by

DAWSON, J.:

This is an action against the Santa Fe railway by Martin Ballou, one of the company’s engineers, for injuries sustained by him in jumping from his engine to avoid being caught in an impending wreck. The circumstances were substantially as follows: Plaintiff Ballou was ordered to take an engine and caboose from Newton to Dodge City over the defendant railway’s lines, via Hutchinson, Whiteside and Partridge. At Hutchinson he received a paper called a check giving him a list of the trains he would meet and pass between Hutchinson and Dodge…