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

The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiff seeks to recover for the death of her husband caused by the negligence of the defendant. ■ The defense was contributory negligence on the part of the deceased. The plaintiff recovered judgment. The defendant appeals.

John J. Jacobs, the husband of the plaintiff, met his death by driving his automobile on the defendant’s tracks in front of a swiftly moving passenger train. This occurred on Saturday afternoon at the crossing of the principal street in Valley Center. The defendant maintained an electric bell at…