Smith v. Atchison, Topeka & Santa Fe Ry.

RICHARDS, J., pro tem.

This appeal was originally taken to this court and was by it assigned to the district court of appeal for the second district. The justices of 'that court, being unable to agree, it ha" been transferred to this court for hearing and determination. As to all of the points presented upon this appeal, with one exception, the opinion of Mr. Victor E. Shaw, written while the case was before the district court of appeal, correctly determines them against the appellants’ contention, and hence that portion of his said opinion, reading as follows, is hereby adopted as the…