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

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for demolition of plaintiff’s autotruck when he drove it against the side of defendant’s freight train standing on a highway crossing in the town of Trent, Neosho county. An objection to the introduction of evidence on the ground the petition failed to state a cause of action was sustained. Plaintiff appeals.

The petition alleged that defendant unlawfully obstructed the crossing with its freight train for forty-five minutes. There is a statute making it a misdemeanor for a'railway company to allow a train to…