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

The opinion of the court was delivered by

Burch, J.:

The plaintiffs sued.the defendant for damages resulting from the killing of their son, Reuben Hamlin, and recovered. The deceased was an employee of the defendant, and with thirty or forty others known as the “steel gang” was engaged in taking out the rails of the defendant’s track for the purpose of replacing them with new ones. The work was conducted in such a manner as not to interfere with the operation of trains. The men were distributed along *103the track for several hundred feet, the foreman, whose name was Devine, being at the west end…