Taylor v. Missouri, Kansas Texas Railroad Co.

[413] Charles Taylor was struck and killed by a freight train belonging to respondent railway and operated on its track by its employees. Taylor’s administrator, alleging that the death was due to the negligence of the defendants under the humani- • tarian rule, sued the railroad and its engineer and fireman for $10,000.00. At the close of plaintiff’s case the trial court sustained a motion for a directed verdict in favor of defendants and entered judgment accordingly. Plaintiff appeals.

The tragedy occurred on the main line track of the railway where it crosses Spring Street, an east and west…