Sander Ex Rel. Karlin v. Union Pacific Railroad

The opinion of the court was delivered by

O’Connor, J.:

The tragedy giving rise to this appeal occurred at a railroad crossing in Ellis county when a Union Pacific Railroad train collided with an automobile occupied by Clara Engel and her husband Florian, killing them instantly. The district court rendered judgment against the railroad and the train engineer upon special verdicts returned by the jury in favor of the Engels’ heirs.

The controlling question is whether or not, under the evidence, the plaintiffs may be allowed recovery under the doctrine of last clear chance.

Although the case went…