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

M. F. Gutierrez, hereinafter called plaintiff, brought suit against the Atchison, Topeka & Santa Fe Railway Company, a corporation, hereinafter called defendant, for damages for personal injuries. The complaint set up two causes of action. On the first one an instructed verdict in favor of defendant was returned, and, since no appeal has been taken by plaintiff, we need not consider it.

In his allegations regarding the second cause of action, plaintiff sets up in part as follows:

“That on the 7th day of May A. D. 1924, the plaintiff herein was employed by the defendant at its ice plant in the…