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

The opinion of the court was delivered by

Marshall,' J.:

The plaintiff’s husband, while riding in an • automobile with a man by the name of Plank, was killed in a collision with one of the defendant’s trains. The plaintiff sued for the damages sustained by her and recovered judgment for $3,000. The defendant appeals. Special findings of fact were made by the j ury as follows:

INTERROGATORIES SUBMITTED BY PLAINTIFF.

“1. Does the evidence show which of the two occupants of the automobile was driving? Ans. No.

“2. Does the evidence show what caused the automobile to stop? Ans. Contact with train.

“3.…