Kendrick v. Atchison, Topeka & Santa Fe Railroad

The opinion of the court was delivered by

Hall, J.:

This is an appeal from an order sustaining the demurrer to the plaintiff’s evidence in a railroad crossing case.

The plaintiff Kendrick and others, Charles Manley, Tolliver Matthews and Milton McCollum were residents of Winfield, Kansas, employed at the Boeing Airplane Company in Wichita, Kansas. They had a car pool arrangement whereby the four of them alternated in driving their automobiles from Winfield to Wichita.

On the afternoon of December 15, 1955, they were en route to the plant in Wichita where their work commenced at 3:45 p. m.

On this…