Kansas City, M. & O. Ry. Co. v. Perry

Defendants in error recovered judgment for damages for death of Mr. Perry following injuries received in a collision between a truck driven by him and a locomotive, etc., operated by plaintiff in error at the intersection of a public highway and the railroad. The judgment was affirmed by the Court of Civil Appeals, 296 S. W. 683. Writ of error was allowed on application presenting matters discussed below and others.(1) It is said that negligence as a matter of law, is attributable to Mr. Perry. Whether, in fact, he saw the train coming rests in inference, for he is dead and did not previously…