Caylor v. St. Louis-San Francisco Railway Co.

Action for damages for personal injuries. At ten A. m. on February 12, 1928, an automobile driven by plaintiff was struck by an engine of defendant at a public crossing in Fall River, Kansas. The trial was under the applicable law of Kansas pleaded in both the petition and answer. Judgment for $50,000. Defendant appealed.

The petition charged negligence as follows: (a) Defective crossing in that same was not constructed and maintained as provided by statute; (b) failure of the crossing bell to ring; (c) failure to provide a watchman or gates at the crossing, and (d) violation of the last clear…