Kansas City, M. & O. Ry. Co. v. Barnhart

Appellee, an employé of appellant, received an injury while in the service of that company, and by this suit, instituted in the district court of Nolan county, recovered a judgment in the sum of $8,000, from which the defendant has appealed.

[1,2] The assignment complaining that the court erred in refusing appellant’s first application for a continuance is not considered, since the judgment must be reversed and the cause remanded for an error in the charge. That part of the charge referred to is as follows: “Plaintiff in entering upon employment of defendant, had the right to assume that the…