Rogers v. Joplin & Pittsburg Railway Co.

The opinion of the court was delivered by

Dawson, J.:

Plaintiff sought to maintain this action under the Workmen’s Compensation Act. At the conclusion of' plaintiff’s opening statement, defendant’s motion for judgment on the petition and opening statement was sustained.

Plaintiff appeals.

*816The facts pleaded and stated on plaintiff’s behalf were these: Plaintiff was a conductor on defendant’s interurban railway. Both were working under the compensation act. On November 20, 1919, plaintiff stepped off his car to throw a switch in a street in Pitts-burg. While so engaged, one H. H. Hall, driving an…