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

The opinion of the court was delivered by

Porter, J.:

The plaintiff, while in the discharge of his duties as brakeman, was fun over by an engine, and his left leg was so badly crushed as to require amputa*714tion midway between the knee and the hip. He alleged that the injury was caused by the negligence of the defendant in furnishing a dangerous place in which to perform his work. The jury returned a verdict in his favor for $17,000. The court overruled a motion for a new trial upon condition that plaintiff would consent to a reduction of $4000. The plaintiff filed his written ■consent thereto and…