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

The opinion of the court was delivered by

Burch, J.:

The action was one by the administratrix of the estate of a deceased railroad employee to recover from the railroad company damages consequent upon personal injuries which he received and which occasioned his death. Plaintiff recovered, and defendant appeals. Plaintiff notes a cross appeal from a ruling sustaining a demurrer to the evidence offered in support of her reply.

Walter Ross Fuller was a car repairer in the shops of the company at Ottawa, and on January 11, 1923, was injured while engaged in *67repairing a car. He was taken to a…