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

The opinion of the court was delivered by

West, J.:

The plaintiff appeals from an order overruling its demurrer to the first count of the plaintiff’s amended petition. This pleading, in substance, alleged that the plaintiff, twenty-nine years old, in perfect health and capable of performing any kind of manual labor, had been employed by the defendant in connection with its boilers and pumping plants at various points on the defendant’s line of road; that on the day of the injury the defendant was having its boilers in Hutchinson repaired, and the basement of the building cleaned out of brick…