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

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries. It was tried to a jury, which answered special questions and returned a general verdict for plaintiff. The defendant’s motion for judgment *238in its favor upon the answers to special questions, notwithstanding the general verdict, was sustained. The plaintiff has appealed.

The petition alleges, in substance, that plaintiff was employed by defendant as a locomotive engine supply man; that while so employed and in the line of his duty and course of his employment he slipped from the steps of the…