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

The opinion of the court was delivered by

Dawson, J.:

This is an appeal by the Santa Fe railway from a judgment awarding damages against it for the destruction of an automobile at a railway crossing in Chase county.

The plaintiff, who owned the automobile, was journeying in it with three friends from Garden City to Kansas City. Her car stopped on the crossing, some*365thing being the matter with the engine. A Santa Fe passenger train in plain view half a mile away was speeding towards the crossing at fifty-five miles an hour at the time the automobile stopped on the track.

Plaintiff’s petition, in…