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

This action was originally appealed to the District Court of Appeal, Fourth District, which court, upon submission of the case, affirmed the judgment of the trial court. We granted a petition for a transfer thereof to this court for the reason that we were not satisfied with that portion of the decision of the appellate court wherein it held that as the appliance by the use of which the plaintiff was injured was of a simple construction he had assumed the risk thereof, and was therefore precluded from recovering for his injuries, notwithstanding he had made complaint to the conductor of the…