Counts v. Kansas City Southern Railway Co.

HOLMAN, Commissioner.

Action by plaintiff to recover- damages in the amount of $200,000 for personal inju*672ries sustained when he was run over by a railroad car involved in a switch movement. The trial resulted in a verdict for defendant. Plaintiff has duly appealed from the ensuing judgment.

Upon this appeal plaintiff contends that Instructions No. 8 and No. 10 given at the request of defendant were preju-dicially erroneous and that the court erred in refusing to give Instruction No. 20 requested by him which contained a submission under the humanitarian doctrine. However, before considering the…