Madison v. Kansas City, Mexico & Orient Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

Fred H. Madison recovered a judgment against The Kansas City, Mexico & Orient Railway Company, which has been brought here for review. He was a railway mail clerk, and his run was *785from Wichita, Kan., to Altus, Okla., over appellant’s railway. While performing his duty upon a train of appellant it whs derailed and he sustained injuries to his knee, abdomen and kidneys. The derailment resulted from the defective condition of the track and the excessive speed of the train over such a track. The negligence of appellant is not denied, nor is…