Atchison, T. & S. F. Ry. Co. v. Templar

LUTTRELL, V.C.J.

This is an action for wrongful death, brought by George W. Templar, administrator of the estate of Loran Earl Kesler, deceased, against the Atchison, Topeka & Santa Fe Railway Company. The petition contained two counts or causes of action, the first for wrongful death, and the second for funeral expenses and damages for conscious pain and suffering. Defendant answered by general denial, and pleaded that the deceased was guilty of negligence and contributory negligence, which were the sole and proximate cause of the injury and death of the deceased. The trial court overruled…