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

Opinion by

ESTES, C.

Parties will be referred to as they appeared in the trial court, inverse to their order here. Plaintiff, Dempsey, had judgment in the county court against defendant railway company for $400 for personal .injuries. The only assignment necessary to consider is that the court erred in overruling demurrer to evidence of plaintiff anti refusing to direct verdict. The argument is made under the proposition that plaintiff failed to establish any primary negligence against the defendant.

Plaintiff alleged that his injuries were proximately caused by the negligenlce of defendant in…