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

The opinion of the court was delivered by

Hopkins, J.:

The action was one for personal injuries sustained by the plaintiff at a street crossing when a two-ton motor truck which he was driving was struck by one of defendant’s trains. The plaintiff recovered and defendant appeals.

The collision occurred at the Lincoln street crossing of the railroad in the city of'Wichita. Lincoln street extends east and west and the railroad north and south. Two tracks cross the street— the main track and a sidetrack — the sidetrack being on the east. The testimony, among other things, showed that the plaintiff…