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

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered judgment for $7000 for the death of Owen Thomas. The defendant appeals.

Thomas was employed as a conductor on one of the defendant’s freight trains, and was killed on December 26,1914, while in the performance of his duty in the defendant’s yards at Florence. At the place where Thomas was killed the defendant had three railroad tracks running parallel with each other, and one crossing track running from one of the parallel tracks to another. Two of these tracks were known as main-line tracks, and one was known as the…