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

The opinion of the court was delivered by

West, J.:

The plaintiff, a brakeman in the employ of the defendant, was, at the time of the, injury, engaged in taking signals from his conductor, who was at the rear of a train fifteen or sixteen cars away, and communicating them to his engineer. It was about 7:40 o’clock P. M. on July 17. He was walking south on the main track on which a passenger train was backing in from the north, the conductor thereof being on the end of the rear car. The jury found, among other things, that when Westine stepped upon the track the passenger train was about one…