McCullough v. Missouri Pacific Railway Co.

*350The opinion of the court was delivered by

Porter, J.:

The plaintiff was inj ured as a result of a collision between a street car upon which she was a passenger and a Missouri Pacific freight train at a street crossing in the city of Salina. She brought her action against the street railway company and the Missouri Pacific Railway Company, and recovered a judgment against both for $1200 actual damages and $3000 exemplary damages. Both defendants appeal, and each is willing to cast the responsibility for the accident upon the other.

The street railway occujsies the center of Santa Fe street in…