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

The opinion of the court was delivered' by

Hopkins, J.:

The plaintiff sued to recover damages for the death of her husband, alleged to have been caused by the negligence of the defendant. A verdict was returned for the defendant and against the plaintiff, who filed a motion for a new trial. The motion was sustained, and the defendant appeals.

It was alleged that the defendant railway was negligent in the following particulars: (1) In backing a freight train over the railroad crossing at an unreasonably high rate of speed; (2) in failing to give warning of the train’s approach; (3) in failing to…