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

John R. Libbey, a railroad conductor, was struck by a moving train in the yards of the Atchison, Topeka & Santa Pe Railway Company, at Emporia, and from the injuries sustained he died. His widow brought this action to recover damages for the negligent act, and to the testimony introduced by her the court sustained a demurrer, holding that her own testimony showed that Lib-bey’s negligence was the proximate cause of the injury.

A reading of the the record satisfies.us that the ruling must be upheld. Assuming that the company was negligent in running its trains through the yards at too rapid a…