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

The opinion of the court was delivered by

Mason, J.:

Orel D. Hook sued the Atchison, Topeka & Santa Fe ■Railway Company because of injuries received while in its employ as a section hand engaged in the repair of its roadbed. He recovered a judgment, and the defendant appeals.

In the course of track repair work the plaintiff and seven other section hands, including the foreman, were riding east on a section motor car, described by him as a hand car driven by gasoline power. *557A seat 26 inches wide and 5 feet 10 inches long extended in the middle of the car from the front to the rear. On the floor…