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

*128The opinion of the court was delivered by

Pollock, J.:

This action was brought by Isaac Davis against the Atchison, Topeka & Santa Pe Railway Company to recover damages for personal injury alleged to have been sustained on account of negligence of defendant. The facts upon which the plaintiff bases his right of recovery are :

On the 17th day of March, 1898, plaintiff was, and had been for years, a section foreman on defendant’s line of road. On this day, with others, he was engaged in picking up old steel rails scattered along the line and loading the same upon flat cars in a train composed of…