Atchison, Topeka & Santa Fé Railroad v. Townsend

Opinion by

Holt, C.:

On February 21,1885, the defendant in error drove from Valley Falls to his home, about two miles northeast of that city. He was compelled to cross the track of the defendant’s railroad twice, and at the crossing nearest his home, the locomotive of a passing passenger train of the defendant struck the rear end of the wagon in which he was riding, and he was thrown out and his foot injured. He brought this action against the company for the injury sustained. It was tried at the October term, 1886, of the Jefferson district court, and he recovered judgment for $3,500. The…