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

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment sustaining a demurrer to plaintiff’s petition.

On September 29, 1961, at about 12:15 A. M., Milo B. Grisamore was traveling south in a 1959 Chevrolet pick-up truck on St. Francis Street in the city of Wichita, Sedgwick County, Kansas. The street crosses certain railroad tracks used and maintained by the defendant in the 700 block south. As Grisamore reached the railroad tracks one of defendant’s trains was blocking the crossing and his truck collided with one of defendant’s cars injuring him and subsequently…