Nance v. Atchison, Topeka & Santa Fe Railroad

*983LOZIER, C.

Appellant (hereinafter referred to as plaintiff) sued respondent (hereinafter referred to as defendant) for damages for personal injuries. Verdict and judgment for plaintiff for $18,000 were set aside, judgment was entered for defendant and its alternate motion for new trial was sustained. Plaintiff appealed.

The initial issue is whether plaintiff made a submissible case. At the time he was injured plaintiff was, and for 17 years prior thereto had been, a switch foreman for defendant. The work of his crew included “switching the Red Star Mill job,” at Wichita, Kansas. This mill,…