Lively v. Chicago, Rock Island & Pacific Railway Co.

The opinion of the court was delivered by

Dawson, J.:

Plaintiff, a railway track laborer, was injured in the defendant’s service, and brought this action against his employer for damages.

The petition alleged that the defendant railway company was engaged in interstate commerce. Its railway runs through Sherman county. The plaintiff and his foreman were working on the railway track between Goodland and Ruleton in that county when they discovered a broken rail, and it was necessary for both plaintiff and the foreman to remain continuously on duty to flag the many trains which were frequently…