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

The opinion of the court was delivered by

Porter, J.:

The parents of Harry Davis, who was killed while in the employ of the defendant, recovered judgment for the loss of his services. The defendant appeals.

The deceased was a brakeman, in his twenty-first year, and had been employed by defendant but a short time. On September 30, 1915, he was assisting in unloading a dump car filled with dirt. The car was operated by air power, and when in its normal working order the floor of the car dipped down on one side and up on the other, and the two sections of the floor were chained to the sides. When…