Supreme Court of Kansas July 15, 1895, No. 7845 (Chicago, Kansas & Nebraska Railway Co. v. Muncie)

The opinion of the court was delivered by

Johnston, J. :

This was an an action by M. M. Muncie against The Chicago, Kansas & Nebraska. *211Railway Company to recover damages alleged to have been sustained by him in October, 1887. He was employed in procuring and preparing stone to be used as ballast upon the track of the railway.