Vail v. Thompson

Action for damages for wrongful death of plaintiff’s husband in Kansas. Plaintiff had verdict and judgment' for $10,000.00. Defendant has appealed. The principal question is whether plaintiff made a jury case under the' Kansas last clear chance rule. On this issue, we will not consider defendant’s evidence as there is nothing in it to aid plaintiff.- - -

Plaintiff’s husband, William F. Vail, was killed when defendant’s passenger train struck his truck on a street crossing in Neo desha, Kansas. The casualty occurred early in the afternoon on a clear day in February 1945. Defendant’s main line…