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

The opinion of the court was delivered by

Dawson, J.:

This was a railway crossing damage case.

Plaintiff’s husband, George Nevitt, was riding as a guest in a Ford car enclosed with an all-weather top. The driver was Irwin Gibson who was seated on the left side, and Nevitt sat by his side on the right. Olive street runs east and west in the north suburban part of Winfield. The railway coming from the north intersects Olive street at right angles. Irwin and Nevitt turned into Olive street a short block east of the crossing. They drove westward and as their car was going over the tracks it was…