Foster v. Kansas City Southern Railway Co.

VAN OSDOL, Commissioner.

Plaintiff, Golden J. Foster, instituted this action for the wrongful death of her husband, Emery Robert Foster, who lost his life when the tractor-(semi) trailer he was .driving was struck by defendant’s train. The cause was submitted to a jury upon •negligence of defendant under the last clear •chance .doctrine of Kansas. The jury returned .a verdict for plaintiff awarding $15,-¡000 .damages. Thereafter, defendant Kansas City Southern Railway Company moved for judgment for defendant in accordance with -its motion for a directed verdict and, in the alternative, for a…