Cooper v. Chicago, Rock Island & Pacific Railway Co.

*704The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for the alleged negligent killing of plaintiff’s husband.

The tragedy happened on December 8, 1921, about 11:30 o’clock in the forenoon, at a railway crossing about a mile east of Smith Center, where the railway runs east and west and the public high-' way runs north and south. Five persons were riding southward in a Dodge touring car; J. C. Reiser was driving; Mrs. J. C. Reiser rode by his side in the front seat; W. A. Yenne, plaintiff’s husband, sat on the left side of the rear seat, and with him sat Jeff…