Harper v. Chicago, Rock Island & Pacific Railway Co.

*783The opinion of the court was delivered by

Johnston, C. J.:

This is an action to recover damages under the federal employers’ liability act. Harvey J. Harper was an employee of the C. R. I. & P. Rly. Co., an interstate railway operating through several states. He was a section man and worked on a section which had its headquarters in Kanorado and included a track extending into both Kansas and Colorado. The track gang worked in pairs, and on August 14, 1931, Harper and a coemployee named Harold Ingram were engaged in taking out old and defective ties and replacing them with new ones, one of them…