Graham v. Thompson

I concur in the result of the principal opinion (af-firmance) as to defendant Terminal, but am unable to agree that the judgment should be reversed as to defendant Frisco, and so dissent to that portion of the opinion. Still entertaining the views expressed in the opinion of Barrett, C., in Division II, by which the judgment was affirmed as to both defendants, I adopt it, as follows:

While- Thomas Graham, a Kansas City Terminal Railway Company switchman, was assisting in a switching movement in-the Terminal’s yards he was struck and killed by a Frisco passenger train. In this action under the…