Johnson v. Union Pacific Railroad

*634The opinion of the court was delivered by

Dawson, C. J.:

This was an action for damages for the death of plaintiffs’ son, Cleo Johnson, and for the damages to their automobile, in a nighttime collision with defendant’s fast passenger train at a street crossing in Salina.

Ninth street is a much-traveled street which runs north and south through the city. The Union Pacific railroad crosses that street diagonally from northeast to southwest. Defendant’s depot is situated about four blocks west of the crossing. Five parallel tracks on defendant’s right of way cross Ninth street. About forty yards…