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

The opinion of the court was delivered by

Graves, J.:

Clarence McElroy, a boy about eleven years of age, was struck by a passing engine on the railroad track of the plaintiff in error at the station of Aurora, in Cloud county, and was injured so that his left foot had to be amputated. He commenced this action in the district court of Clay'county May 3, 1905, and recovered a judgment of $3000. The railway company brings the case here for review.

At the station of Aurora the north-bound passenger-train and the one going south pass each other. The north-bound train, as a rule, arrives first, and…