Morris v. Kansas City, Leavenworth & Western Railway Co.

The opinion of the court was delivered by

Marshall, J.:

This action was brought to recover damages for the wrongful death of W. A. Morris, the plaintiff’s husband, who was killed when the automobile he was driving was struck by an interurban car operated by defendant Studt as motorman but belonging to the defendant railway company. A verdict was returned for the defendant Studt, but against the defendant railway company. *434Judgment was rendered accordingly, and the defendant railway company appeals.

Under one head, the defendant railway company contends:

“The court committed error in overruling…