Kansas, Oklahoma & Gulf Ry. Co. v. McAnally

HALLEY, V.C.J.

(dissenting). The majority opinion misconstrues the facts in this case and does not properly apply the law to the facts as they actually existed. The evidence clearly shows that the set-off at Boggy Curve was a makeshift affair and was not the regular and normal set-off used by railroads. The location of the set-off was on a slant, which made it easy for the section hands to fall when taking a motor car from the tracks. In addition, the evidence showed that the track and ground around the set-off were covered with snow and ice at the time the plaintiff was injured; and the…