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

The opinion of the court was delivered by

Graves, J.:

This is an action brought by defendant in error to recover damages on account of injuries sustained by him while engaged as an employee of the plaintiff in error in the capacity of a. hostler helper at Newton.

When the action was called for trial the defendant objected to the introduction of any evidence under the *573petition, for the reason that it did not state facts sufficient to constitute a cause of action. This objection was sustained, upon the ground that the service of notice upon the defendant as required by chapter 393 of the Laws of…