Flynn v. Kansas City

Philips, C.

John Flynn was an engineer on defendant’s road, running a passenger train to and fro between St. Joseph and Council Bluffs. He was killed by the upsetting of his engine on defendant’s road on the 23rd day of August, 1875. The plaintiff is his widow and sues for $5,000 damages. The grounds of negligence alleged in the petition are the bad and defective condition of defendant’s railroad track at the point of disaster; the defective condition of the flanges of the -Wheels of the engine; the defective and unsafe condition of the air brakes and defendant’s failure on notice to repair…