Ballard v. Kansas City, Mexico & Orient Railway Co.

The opinion of the court was delivered by

Porter, J.:

The defendant appeals from a judgment in plaintiff’s favor for damages on account of personal injuries.

The plaintiff was in the employ of the railway company as a section hand. While returning from work *344on January 7, 1908, lie fell from a hand car and was injured. It was alleged in the petition that his injuries were caused by the failure of the defendant to furnish sufficient hand cars and because the car he was riding on was overcrowded with men. More than two years after the injury occurred the petition was amended specifying more fully…