Atchison, Topeka & Santa Fe R. R. v. Nicholls

This action was brought against the appellant company to recover damages for an alleged injury to plaintiff’s person caused by the negligence of the company’s employees or servants. The negligence complained of consisted in so operating a locomotive and cars as to come in contact with a baggage or express truck of defendants standing upon its depot platform at Las Animas, thereby causing the said truck to strike the plaintiff’s person with force and violence, and wound him. The sum of $500. as damages was demanded in the complaint.

A special appearance was entered by defendant, and two motions…