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

BARRETT, Commissioner.

Upon the trial of this action against the Atchison, Topeka & Santa Fe Railway Company to recover damages for personal injuries Paul J. Atkinson was awarded $32,500. The trial court sustained the railroad’s motion for judgment and in the alternative ground five of its motion for a new trial, that a verdict should have been directed for the railroad at the close of the plaintiff’s evidence. The railroad offered no evidence and upon the plaintiff Atkinson’s appeal the issues, in so far as the essential merits of a cause of action are concerned, have been simplified in that…