Brim v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Dawson, J.:

Here is another railroad-crossing case.

On December 16, 1930, one Blaine Byron Brim was killed at defendant’s railway crossing on a township road about a mile east of Emporia. The railway thereabout runs nearly east and west and the township road north and south. There was a gravel pit at some distance south of the railway, and for a week or more the deceased had been engaged in hauling gravel in a motor track from the pit to some *160point north of the railway. He hauled some twenty loads each day. It was while, proceeding northward over the…