Kansas City Southern Ry. Co. v. Jones

The propositions of appellant in effect present the three points of view that the evidence speaks unequivocally (1) of the lack of any negligence on the part of appellant proximately causing the death of D. R. Ferguson; (2) of the negligence of the deceased at the time of injury, which wholly or partly resulted in his death; and (3) of assumed risk by the deceased of injury from the regular train running on the main line on schedule time, the deceased being familiar with the time the train was due, and he having no duties to perform at the time on the main line track. The fact can be conceded…