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

The opinion of the court was delivered by

Johnston, C. J.:

Eldon Whetstine, an employee of the Atchison, Topeka & Santa Fe Railway Company, brought this action under the federal employers’ liability act against the company to recover damages for personal injury sustained in the service of the company caused, as he alleged, by the negligence of the defendant. He recovered damages in the amount of $5,000, and defendant appeals on the ground that the evidence did not justify the verdict and judgment, and it also assigns certain trial errors.

The plaintiff had been in the service of the defendant as…