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

The opinion of the court was delivered by -

Burch, J.:

The plaintiff recovered damages for in-j uries sustained through a collision with one of the defendant’s trains at a highway crossing. The defendant appeals.

The petition alleged that the highway extends along one side of a high and rocky ridge; that the railway track crosses the highway at right angles and is laid in a deep and narrow cut through the ridge which opens abruptly on the highw'ay; and that travelers on the highway can not see or hear an approaching train until they are quite up to or upon the railway track because of the…