Walker v. Green

The opinion of the court was delivered by

Doster, C. J. ;

This was an action brought by A. B. Green, as plaintiff, against the receivers of the Atchison, Topeka & Santa Fe Railroad Company for damages for bodily injuries sustained on account of the alleged negligence of the employees of the company itself at a time prior to the appointment of the receivers. The court below first ruled that the action against the receivers could not be maintained for the tort of the company committed prior to their appoint*21ment. It subsequently sustained the plaintiff’s motion for a new trial upon the sole ground…