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

Mary Louise Murphy had a jury verdict of $15,000.00 for her personal injuries and $10,000.00 for her husband's death against the Atchison, Topeka Santa Fe Railway Company. The trial court, upon a consideration of all the testimony in the case, was of the view that the evidence did not reveal that state of facts and circumstances from which the jury could or should be permitted to infer and find liability against the railroad under the Kansas last clear chance doctrine. Accordingly the court sustained the railroad's motion for a new trial on the assigned grounds that it had erred in refusing…