State Ex Rel. St. Joseph Belt Railway Co. v. Shain

Certiorari to the judges of the Kansas City Court of Appeals to review their record in McGee v. St. Joseph Belt Ry. Co., 133 S. W. (2d) 675, for conflict with our decisions. After argument and submission of the case an opinion was filed by the writer which the relator Railway Company challenged by motion for rehearing. To give due consideration to the points urged in that motion, and to simplify the issues, we are recasting the original opinion, though reaching the same result.

The plaintiff below was a railroad switchman directly employed by relator at St. Joseph, Missouri, under an…