McIntosh v. Atchison, T. & S. F. Ry. Co.

R. H. Mclntosb instituted this suit against the Atchison, Topeka & Santa Fé Railway Company for damages for personal injuries under substantially the following allegations: That in May, 1915, while employed by defendant as a brakeman, in the operation of interstate trains, as the train upon which he was working entered San Bernardino, Cal., and as he was passing along a running hoard, his foot struck a nail or spike which protruded from the said running hoard, and he was caused to fall from the top of the car and injured.

Defendant filed general denial and pleas of assumed risk and…