Horton v. Atchison, T. & S. F. Ry. Co.

OPINION OF THE COURT

CATRON, J.

This is a suit by Thomas B. Horton against the Atchison, Topeka & Santa Fe Railway Company for damages resulting from alleged negligence of the defendant. Trial was to a jury, who found the issues in favor of the plaintiff and assessed his damages at $6,875. Defendant filed a motion for a new trial which was overruled, and thereupon judgment was entered against the defendant for said amount, together with the costs of the suit.

The complaint alleges that during the month of February, 1925, plaintiff was a car repairer in the employ of the defendant railway company…