Osburn v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Greene, J.:

F. O. Rucker, while attempting to cross the Atchison, Topeka & Santa Fe Railway Company’s track at a public crossing in Butler county, between six and seven o’clock P. M., on December 17, 1904, was struck by a passenger-engine and killed. This action was brought by V. A. Osburn, as administrator of Rucker’s estate, to recover damages for his death. The jury returned a general verdict in favor of the plaintiff for $8000, and also returned special findings. The plaintiff moved for judgment on the gen*747eral yerdict and special findings, and the…