Long v. Thompson

Action to recover $25,250 for damages for personal injuries and property damage alleged to have been received at a railroad crossing in Wichita, Kansas. The cause was submitted under the Kansas last chance rule. Verdict and judgment went for defendant, and plaintiff appealed.

Error is assigned (1) on the refusal of plaintiff's request to reopen the case for further evidence; (2) on giving defendant's withdrawal instructions F and M and on giving withdrawal Instruction Y on the court's own motion; (3) on the refusal of plaintiff's instruction No. 5 submitting primary negligence as to condition…