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

The opinion of the court was delivered by

Dawson, J.:

The plaintiff sued the defendant for damages for the death of W. F. Norman, a freight conductor, who was killed by the explosion of torpedoes which some unknown miscreant had placed upon the railroad track in the defendant’s freight yards in Chanute. At the time Norman met his death he was checking the initials and numbers of freight cars of a train which he had just taken charge of. The cars were moving, and when they came in contact with the torpedoes the latter exploded, and a fragment struck him in the eye, penetrating his brain and…