Atchison, Topeka & Santa Fe Ry. Co. v. Perryman

Plaintiff sued for damages for the loss of his right leg alleged to have resulted from negligence of defendants.

Plaintiff’s petition alleged that he sustained an injury in March, 1943, while engaged in taking up an old railway track for the defendant company; that while he and a fellow servant, the defendant Abraham Columbus, were lifting an old tie from the roadbed, the said Columbus negligently, and without warning to plaintiff, jerked or threw the tie so as to cause plaintiff to throw his weight and the weight of the tie on his right foot and ankle, resulting in a bruise and sprain of the…