Friesen v. Chicago, Rock Island & Pacific Railroad

The opinion of the court was delivered by

Owsley, J.:

This litigation arose out of a railroad crossing accident on January 6, 1971, at the north edge of Meade, Kansas, resulting in the death of Jonas W. Friesen, the driver of a pickup truck involved in the accident. The case was submitted to a jury on the issue of the negligence of the defendant railroad and its engineer, R. J. Scarbrough. The jury returned a verdict for the defendants. Plaintiffs appeal, claiming prejudicial error of the trial court in the giving and refusing of instructions and in the exclusion of testimony; in sustaining a…