Fangmeier v. Missouri Pacific Railroad

The opinion of the court was delivered by

Burch, J.:

The action was one by a flue borer in defendant’s shops at Coffeyville, to recover damages for personal injury sustained when a hot particle was blown back as he was cleaning a flue in an engine, and struck his eyeball. The verdict and judgment were for plaintiff, and defendant appeals.

At a former trial a demurrer to plaintiff’s evidence was sustained. On appeal, the judgment in defendant’s favor was reversed and a new trial was ordered. (Fangmeier v. Railroad Co., 115 Kan. 496, 223 Pac. 310.) The case now presented is so different from the…