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

The opinion of the court was delivered by

Johnston, C. J.:

John J. Gaffney was struck by a motor car of the defendant in the railroad yards at Wichita, and from the injuries suffered he died. His widow brought this action alleging that his injuries and death were the result of defendant’s negligence in running the motor car at an excessive rate *487of speed; a failure to give proper warnings of its approach and also in failing to slacken the speed after discovering that he ■ was in a position of danger. The defendant’s answer was a general denial and an averment that the death of Gaffney was the…