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

*687The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment awarding damages for injuries sustained by plaintiff while passing between freight cars in the defendant’s switchyard in Wellington.

Plaintiff was a grain sampler and inspector for the Hunter Milling Company, which had one or more large mills and elevators in that city. He was permitted by the railway company to come into its switchyard to take samples of grain from railway cars consigned to his employer. The switchyard is quite extensive. There are twelve parallel railway tracks which lie side by side and…