Rockhold v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

BURCH, J.:

The action was one to recover damages for personal injuries inflicted upon the plaintiff, who was an employee of the defendant, by being struck by one of the defendant’s switch engines. The plaintiff recovered and the defendant appeals.

The accident occurred in the defendant’s yards at Horton, where it maintains, among others, three parallel tracks running east and west which are known in order from south to north as track No. 1, Kansas main line, and Nebraska main line. These' tracks are of standard gauge — four feet, eight and one-half…