De Leon v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Porter, J.:

The railway company appeals from a judgment in plaintiff’s favor in an action for personal injuries.

The plaintiff, who is a Mexican, alleged in his petition that he was crossing defendant’s tracks in the city of Wichita about *781midnight, using a path traveled by people generally for many years, and that the sérvant of defendant wantonly, intentionally, maliciously, and with gross negligence, shot plaintiff in the leg, seriously injuring him. The answer set up contributory negligence; it was alleged that Harlan, the employee of defendant, was…