Cox v. Missouri Pacific Railroad

Action by plaintiff, respondent here, to recover damages for alleged personal injuries. Plaintiff recovered judgment in the sum of $12,500 and defendant appealed.

Plaintiff was injured on January 17, 1927, at Concordia, Kansas. The petition is in two counts, both alleging the same state of facts with reference to the occurrences which caused the injury. The first count is based on the Kansas Statute, known as the Railroad Employers' Liability Act, and seeks a recovery because of the alleged negligence of defendant. The second count alleges that plaintiff and defendant were engaged in…