Van Buskirk v. Missouri-Kansas-Texas Railroad Co.

STOCKARD, Commissioner.

On October 4, 1958, Mrs. Edith Van Bus-kirk and her three minor children, Barbara Jo and Barbara Ann, eight-yeár-old twins, and Milburn Dale, two years of age, were killed when a train struck their automobile at a grade crossing approximately one mile south of Bayard, Kansas. In this action, brought in Missouri against the railroad, plaintiff recovered a judgment totaling $46,-000 for the wrongful death of his wife and three children and for the destruction of his automobile. The defendant railroad has appealed.

Mrs. Van Buskirk, with her three children as passengers,…