Dryden v. Chicago, Kansas & Nebraska Railway Co.

Opinion by

Simpson, C.:

On the 22d day of December, 1886, one James E. Dryden, who lived about three miles east of the city of Troy, in Doniphan county, was driving east from his home, early in the forenoon of a cold, frosty day, in a buggy drawn by two horses, and in attempting to cross the track of the Chicago, Kansas & Nebraska Eailway Company, in advance of an approaching train, was killed. He had lived *446near the crossing for many years, and the railroad had been in operation for several weeks. The top of his buggy was up, and he was driving in a brisk trot. The railroad extends east and…