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

The opinion of the court was delivered by

Burch, J.:

The action was one by a mother as next of kin to recover damages for death of her son. A demurrer to plaintiff’s evidence was sustained, and she appeals.

The automobile in which Ferdinand Atkin and his wife were riding was struck by one of defendant’s trains on a highway crossing at about 10:50 a. m. on October 16, 1925. Atkin and his wife were fatally injured. They were removed to a hospital, where they were examined by a physician at about 12 o’clock noon. Atkin lived about an hour after reaching the hospital, and Mrs. Atkin lived about two…