Gaston v. Wabash Railroad Company

HYDE, Presiding Judge.

Action for damages for personal injuries. Plaintiff had verdict and judgment for $22,-500 against both defendants; but the court sustained defendants’ motions for judgment, entered judgment for each defendant; and also granted a new trial to each defendant, on the ground of error in instructions, in the event judgment for defendants was reversed. Plaintiff has appealed.

At the hearing on appeal in this court, plaintiff conceded that the judgment for the Wabash was correct and that under the law of Kansas, which is applicable to this case, as declared in Ruiz v. Midland…