Steelsmith v. Union Pacific Railway Co.

*11The opinion of the court was delivered by

Clank, J. :

This was an action brought by the plaintiff in error to recover from the defendant in error for a surgical operation performed upon, and medical services rendered to one, A. C. Staker, an employe of the Union Pacific Railway Company, who received fatal injuries at Abilene, while in the performance of his duty as a brakeman on a freight train of the defendant. The court sustained a demurrer interposed by the defendant to the plaintiff’s evidence, and gave judgment against the plaintiff for costs, and the only question necessary for our…