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

The opinion of the court was delivered by

Dawson, J.:

This case adds another instance to the long and melancholy chronicle of railroad-crossing accidents. While the plaintiff and his wife were crossing the defendant’s railroad oh a rural highway their automobile engine stopped owing to a defect in the crossing, and a Santa Fe train plowed into them and killed the plaintiff’s wife; and this action was brought by the plaintiff husband, charging the defendant railway company with the negligence which brought about her death.

Plaintiff alleged that the crossing was defective in that the grade…