Barker v. Kansas City, Mexico & Orient Railway Co.

*177The opinion of the court was delivered by

Porter, J.:

This is an appeal by the railway company from a judgment in plaintiff’s favor for injuries sustained while in its employ.

When the case was here before, Barker v. Railway Co., 88 Kan. 767, 129 Pac. 1151, a judgment in plaintiff’s favor-was reversed on account of error in the admission of evidence, and because the instructions assumed some of the facts in issue. The action was brought under the federal employers’ liability act (35 U. S. Stat. at L., p. 65), and one of the questions is whether at the time he received his inj uries the plaintiff…