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

The opinion of the court was delivered by

Price, C. J.:

This was an action to recover for the loss of an arm and a leg when plaintiff was run over by a car of defendant railway company.

The trial court sustained defendant’s motion for summary judgment on the ground that at the time and place in question plaintiff was a trespasser on the tracks of defendant and that there was no evidence whatsoever of any willful or wanton act on the part of defendant’s employees which caused the injury.

Plaintiff has appealed from that ruling.

In rendering judgment the trial court filed a memorandum decision which…