Folsom v. Lowden

*329The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for personal injuries. The trial court sustained a demurrer to plaintiff’s petition and he has appealed.

The pertinent allegations of the petition are as follows: Plaintiff was employed by Sturgis and others, retail coal dealers in Kansas City, as a laborer, unloading cars of coal. On October 4, 1941, he and a fellow employee had completed unloading a car of coal when the end of the car fell inward onto the floor, striking and crushing his left foot. It was alleged the car belonged to the Pennsylvania Railroad…