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

The opinion of the court was delivered by

Burch, J.:

The defendant in error moves to dismiss this proceeding for want of a lawful case-made. When the cause came on for trial in the district court a jury were impaneled and sworn, and the plaintiff made a statement of his case and of the evidence by which he expected to sustain it. The defendant moved for judgment in its favor upon the pleadings and the plaintiff’s •statement. The plaintiff then asked and obtained leave to amend his reply. The amendment having been made, the defendant renewed its motion for j udgment, and objected to the…