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

The' opinion of the court was delivered by

JOHNSTON, C. J.:

This was an action by George W. Townsend to recover damages from the Atchison, Topeka & Santa Fe Railway Company for the wrongful death of his wife, occasioned, as he alleged, by the *525culpable negligence of the railway company. On April 25, 1903, Mrs. Townsend drove a horse and buggy along a public highway, and when she reached a railroad-crossing she was struck by the locomotive of a passing train and killed. The negligence charged against the railway company was the failure of those in charge of the train to give proper signals as…