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

The opinion of the court was delivered by

Smith, J.:

At the outset of this case the defendant in error denies the right of the plaintiff in error to be heard and moves the dismissal of the action in this uourt.

The case presented here for review, from the standpoint of the plaintiff in error, is, in substance, this: In *894his action against the railway company issues of fact had been framed and a jury had been impaneled to try them; certain material and competent evidence had been introduced which, if true, established some liability against the defendant; certain other material and competent…