Chicago, Rock Island & Pacific Railway Co. v. Durand

The opinion of the court was delivered by

Doster, C. J.

This was an action for bodily injuries negligently inflicted upon plaintiff at a railroad- and street-crossing in the city of Wichita. There was a circus entertainment in the outskirts of the city. Albert Wilson was a hack-driver, carrying people to and from the city and circus grounds. The plaintiff and others were passengers in his conveyance. He negligently drove in front of a train as it was running over the crossing near the depot. ’ The train approached the crossing without warning signals, and ran over it at a dangerously rapid…