Smith v. Union Pacific Railroad Co.

The opinion of the court was delivered by

Fromme, J.:

The plaintiff, David C. Smith, appeals from a summary judgment entered in favor of defendant, The Union Pacific Railroad Company. The plaintiff was injured while riding as a passenger in a truck which collided with a Union Pacific Railroad train at a railroad crossing in the city of Manhattan, Kansas. The question is whether the testimony of plaintiff con*304clusively shows he was contributorily negligent as a matter of law in failing to look for a train, in failing to warn the driver and in failing to require the driver of the truck to stop…