Stoutimore v. Atchison, Topeka & Santa Fe Railway Co.

This action, for damages for personal injuries, was commenced against defendant railroad and its conductor, Ellis. Plaintiff claimed that the defective condition of a hand brake caused him to fall from the top of a cattle car. Plaintiff had a verdict for $40,000 against defendant railroad, but the jury found in favor of defendant Ellis. The court overruled defendant railroad's motion in arrest and for a new trial, after plaintiff made aremittitur of $15,000. Ellis died prior to the ruling on these motions and no attempt was made to revive against his estate, or to appeal from a judgment in…