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

Opinion of the court by

Burwell, J.:

This action was brought by the appellant for the death of his infant child, alleged to have been caused by the negligence of the defendant company. When the plaintiff rested his case, the defendant company interposed a demurrer to the evidence, which was sustained, and the cause dismissed at the cost of the plaintiff.

On the trial of the case, a certain plat or chart showing the location of the plaintiff’s house from which the infant strayed, the fences, railway track, crossing, and the location of different important objects, and the conditions generally in…