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

The opinion of the court was delivered by

Webell, J.;

This was an action for damages for injuries sustained by the plaintiff when the automobile in which he was riding was struck by defendant’s train at a township road crossing. Plaintiff appeals from the order sustaining a demurrer to his evidence.

The essential facts as disclosed by plaintiff’s own testimony were; Plaintiff’s friend, Orville Loftin, owned and operated a 1926 or 1927 model Whippet coupé in which they were returning to Lawrence after having finished a day’s work on the Mitchell farm located about eight miles northwest of the…