Caraway ex rel. Caraway v. Atchison, Topeka & Santa Fe Railway Co.

VAN OSDOL, Commissioner.

Defendant has appealed from a $60,000 judgment for personal injuries sustained by plaintiff when plaintiff’s northbound 1942 Chevrolet sedan was struck by defendant’s passenger train of thirteen coaches drawn by a diesel locomotive moving westwardly at the intersection of the grade crossing of Clare Road and defendant’s tracks in Johnson County, Kansas.

Defendant-appellant has assigned error of the trial court in overruling defendant’s motion for a directed verdict, and in overruling defendant’s after-trial motion for judgment for defendant. It is not contended…