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

The opinion of the court was delivered by

Porter, J.:

The petition alleged that when the accident which caused the plaintiff’s injuries occurred both parties were engaged in interstate commerce. It was not necessary, therefore, that the petition refer specially to the acts of congress upon which the cause of action is predicated. (Railway Co. *304v. Brinkmeier, 77 Kan. 14, 93 Pac. 621.) Sections 3 and 4 of the Federal employers’ liability act of 1908 (U. S. Comp. Stat. 1918, §§ 8659, 8660) provide that where an injury resulting to an employee is caused by the carrier’s violation of any statute…