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

There were two cases: One by a daughter for the death of her mother; and one by the daughter, as administratrix, for the damage to the mother’s auto caused by the alleged negligence of defendant. The plaintiff had judgment in both actions, the defendant company brings them here for review, and claims that the evidence shows contributory negligence as a matter of law. We think the claim is sound.

The mother was killed at the Dartmouth street crossing of the Santa Fe tracks, when the engine of defendant’s train struck the machine in which she was driving alone. She was going east on Dartmouth…