Fox v. Missouri Pacific Railroad

— This is an appeal from a judgment against the Missouri Pacific Railroad Company for $10,000 in an action for damages for death of Lloyd Fox, deceased husband of Mary Beulah Fox, administratrix, brought in behalf of his widow and two minor children.

The action was based on the death by wrongful act statute of Kansas and on Section 66-227 of the General Statutes of Kansas, 1923, which required railroad companies operating within the State to keep in good repair good and sufficient crossings where such railroads crossed public highways.

After pleading the statute in full plaintiff further…