Purl v. St. Louis, Kansas City & Northern Railway Co.

Action for damages for injury done plaintiff and his property while crossing defendant’s railroad. In the view we take of this case, it is unnecessary to do more than to determine the point of the sufficiency of the plaintiff’s evidence to authorize a recovery; in other words, whether, if the facts thereby established are taken as admitted, and they are to be so taken in consequence of *170the demurrer thereto, the plaintiff has made out a prima facie cause of action against the defendant. The evidence thus for examination establishes, as we think, and establishes very clearly, that plaintiff has…