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

FLY, Associate Justice.

This is an appeal from a judgment for $3500, for personal injuries sustained by appellee by jumping from a moving train of appellant, when the tender of the engine had left the rails, and an accident to the whole train seemed imminent and impending.

There are two errors assigned, the first being as follows: “ The court erred in instructing the jury to consider, in estimating damages, all expenses for medicines.” There is in the record no evidence as to the value of the medicines used by the appellee after and in consequence of his injuries, although there is considerable…