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

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for injuries to plaintiff’s automobile, resulting from collision with trains of the defendant at a street crossing. A demurrer to the plaintiff’s evidence was sustained, and he appeals.

The street extended from east to west, and crossed six parallel railroad tracks of standard- gauge, six or eight feet apart, extending from north to south. Tracks one, two, and three, numbered from the east, were occupied by box. cars, which encroached on the street so that the way left open was but ten to twenty feet wide. These…