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

The opinion of the court was delivered by

Wedell, J.:

This is an appeal from an order sustaining defendant’s demurrer to plaintiff’s second amended petition.

The action was one to recover damages to property resulting from a collision at a railroad - crossing. The petition is short. Omitting formal parts and allegations of damages, the petition reads:

*405“On the 23rd day of November, 1944, about 2:30 p. m. of said day, plaintiff’s semi-trailer truck unit, driven by M. P. Phillips, an employee of plaintiff, while traveling east on the east and west road and while crossing defendant’s railroad track…