Wagner v. Missouri-Kansas-Texas Railroad

COIL, Commissioner.

Plaintiff-respondent claimed to have fallen and injured his back while a passenger on defendant-appellant’s train. Plaintiff had verdict and judgment thereon for $27,000 from which defendant has appealed, contending that the trial court erred: in refusing to direct a verdict for defendant at the close of all the evidence, and in instructing the jury. Defendant also contends that the verdict is excessive.

The accident occurred in Kansas, and thus the substantive law of Kansas is applicable. It is the law of Kansas that: “ * * * in testing the sufficiency of evidence as…