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

The opinion of the court was delivered by

West, J.:

The plaintiff recovered a judgment for $10,000 for the death of her husband, alleged to have been caused by the negligence of the defendant in kicking certain cars against those connected with the caboose where he was working. The defendant appeals, and in its brief complains of rulings refusing instructions, denying motions to sét aside certain findings and for judgment on the special findings, and refusing a new trial.

The deceased was in the employ of the defendant as a brakeman, and on the morning in question was engaged at Emporia in…