Balding v. Atchison Topeka & Santa Fe Railway Co.

KINCAID, J. pro tem. *

Appeal is taken herein by plaintiff from a judgment in favor of defendant railroad company following a nonjury trial. A written memorandum opinion was filed by the trial judge together with findings of fact, conclusions of law and the judgment.

The findings of fact found generally that on the night of January 28, 1956, plaintiff drove his automobile in a southerly direction upon Carmenita Road, approaching a railroad crossing upon which trains were operated by defendant. At this same time a defendant-operated train was proceeding in an easterly direction along the right…