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

The opinion of the court was delivered by

Johnston, C. J.:

John C. Hayden seeks to recover damages from the Atchison, Topeka & Santa Fe Railway Company for pain and suffering resulting from an injury to his arm alleged to have been caused by the negligence of the company. He was an employee of contractors who were constructing a dyke near the track of the railway company at Argentine. When the lunch hour arrived it was raining and Hayden sought the shelter of a. car, and seating himself under it proceeded to eat his lunch. The track was one on which were placed cars that were to be cleaned, and…