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

McGHEE, Justice.

The plaintiffs filed their complaint against the defendant seeking damages resulting from injuries received by Mrs. Hebenstreit in the wreck of the Santa Fe Chief near Springer, New Mexico, in the early morning hours of September 5, 1956. Both plaintiffs had been fare-paying passengers on that train.

The two counts of the first cause of action pertaining to Mary J. Hebenstreit, alleged, in substance:

1. That she received certain injuries in the wreck itself;

2. That the wreck either caused a cancer in her, or aggravated an existing condition of cancer; or

3. Activated a dormant…