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

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by P. B. Achen to recover for injuries sustained by him while riding in the caboose of a stock train of the defendant upon a journey from Elkhart, Kan., to Kansas City, Mo.

It -is alleged by plaintiff that through the negligent handling of the train, he was thrown from a seat in such a way as to severely injure him. It appears that he was a dealer in cattle and was traveling upon the train on which the cattle were *669shipped, as a caretaker. The shipment was made under an ordinary livestock contract, which permitted him…