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

The opinion of the court was delivered by

Cunningham, J.:

These two cases have been submitted together. They arose from the same set of facts; the same act of negligence on the part of the railroad company caused the death of Mark Withers and that of Walter Dewese, which was the basis for these actions. Judgments for $7000 and $6500, respectively, were entered against the defendant company, which it seeks to have reversed by these proceedings in error.

These men were killed on Fourth street of the city of Topeka, which runs approximately east and west, and is crossed at right angles by thirteen…