Healy v. Atchison, Topeka & Santa Fe Railroad Co.

HYDE, Judge.

Action for $15,000 damages for wrongful death.of Lloyd C. Stewart (not an employee of defendant) in Wichita, Kansas, alleged to have been struck at a public crossing by one of defendant’s engines. Defendant’s motion to dismiss was sustained and this.action was dismissed with prejudice. Plaintiffs have appealed from the judgment of dismissal.

The question for decision is one of res judicata, namely: whether a second suit is barred by the dismissal of a prior identical suit, “upon the grounds of the exercise of jurisdiction by this Court would constitute an undue hardship on…