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

The opinion of the court was delivered by

Mason, J. :

On December 29, 1900, J. P. Starr was struck and killed by a freight-car on the track of the Atchison, Topeka & Santa Fe Railway Company on Third avenue, in Emporia. His administrator sued the company and recovered a judgment for $2500, which the defendant now seeks to have reversed. The *9only claim of error which it will be necessary to consider is that the trial court erred in overruling a demurrer to the evidence of plaintiff, for the reason that it showed such contributory negligence as to preclude a recovery.

The facts shown by the…