Kinsch v. Missouri-Kansas-Texas Railroad Co.

The opinion of the court was delivered by

Robb, J.:

On January 24,1956, plaintiff, as an employee of defendant and in pursuance of the provisions of the federal employers liability act (Title 45, U. S. C. A., 51 et seq.) had filed in the Labette district court his petition in an action for personal injuries. On May 11, 1957, this court, in a former appeal (Kinsch v. Missouri-Kansas-Texas Railroad Co., 181 Kan. 354, 310 P. 2d 903) reversed an order of the court below sustaining defendant’s motion to quash the service of summons. This appeal is from an order of the Labette district court…