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

The opinion of the court was delivered by

Mason, J.:

Edward DeHardt sustained injuries through his automobile, in which he with others was riding, being run into at a . railroad crossing. He sued the company and recovered a judgment, from which the defendant appeals.

There was evidence tending to show these facts, which the jury may be deemed to have found: The automobile came from the north along a highway which crossed eight or nine tracks, the first and second being nine or ten feet apart. The traveled part of the road was nine or ten feet wide. An ice-house stood just east of the highway and…