Akins v. Payne

*475The opinion of the court was delivered by

Porter, J.:

The action was under the Federal employers’ liability act. The plaintiff recovered and the defendant appeals.

Plaintiff was employed as a carpenter at the roundhouse of defendant at Parsons, Kan. The petition alleged that plaintiff was at work about 4 o’clock in the morning repairing the pilot on engine No. 394; that another engine stood on the same track near by; that the hostler in charge of it recklessly and without any warning to plaintiff started his engine so that the front of the engines came together and plaintiff was caught between…