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

The opinion of the court was delivered by

Johnston,.C. J.:

The question involved in this case is whether

the plaintiff may recover for the death of her husband, an employee of the railway company, who was-struck and killed by a train of the defendant without fault or negligence on the part of the defendant. The recovery sought was under the workmen’s compensation law, and we have the question whether or not the defendant was within the provisions of that law, and liable to pay compensa- - tion under its terms at the time the accident occurred. Under the act the defendant is presumed to have…