Atchison, Topeka & Santa Fé Railroad v. Davis

The opinion of the court was delivered by

Horton, C. J.:

We have reexamined the instructions of the trial court, and are now convinced that the same may have operated to the prejudice of the railroad company. Among other things, the court charged the jury that—

“ The mere fact that the same men were officers of the defendant company, and also of the Wichita & Western Railroad Company, is not sufficient evidence to justify a finding that the two companies were one and the same; and if the evidence shows that the Wichita & Western Railroad Company was a corporation duly created and organized under…