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

The opinion of the court was delivered by

Smith, J.:

This was an action for personal injuries alleged to have been sustained by plaintiff on account of the negligence of a fellow servant. Judgment was for the defendant. Plaintiff appeals.

The petition set out the interstate character of the defendant railway company and that the plaintiff was employed by the defendant as a section hand, and that the members of the crew to which he belonged were engaged in removing from defendant’s track old ties and replacing them with new ties; that neither the removal of old ties nor the replacement with new…