Kersey v. Kansas City, St. Joseph & Council Bluffs Railroad

This is an action to recover damages for injuries sustained by the plaintiff while in the service of defendant as brakeman on a train propelled by a locomotive which Avas at the time of the injury with the knoAvledge and consent of the defendant in charge of a fireman, who it is alleged the defendant knew was incompetent and unfit to manage a locomotive. The circuit court directed a non-suit, and the plaintiff has appealed.

The petition is as follows: “ That the defendant is and for more than four years last past has been a railroad corporation, duly incorporated under and by virtue of the…