Beech v. Missouri, Kansas & Texas Railway Co.

*91The opinion of the court was ^delivered by

Johnston, C. J.:

This was an action by Elizabeth Beech to recover damages from the Missouri, Kansas & Texas Railway Company for the alleged negligent killing of her husband, Adam Beech, at the intersection of a highway and the railroad, about a mile southwest of Walnut, Kan. Adam Beech was a farmer, about sixty-eight years of age, and while going home, driving a horse hitched to a buggy, at ten minutes past nine o’clock, P. M., on November 13, 1907, he was struck by a passenger train of the railway company at the crossing and was instantly killed. The…