Trower v. Missouri-Kansas-Texas Railroad

This is an action for $65,000 damages for personal injuries. Plaintiff was injured when one of defendant's motor trains collided with the automobile in which he was riding at a crossing on Kansas Highway No. 96, near Riverton, Kansas, October 28, 1934. The law of the State of Kansas was duly pleaded, and the cause submitted (1) upon primary negligence, (a) in failing to have a headlight burning, (b) in failing to give reasonable and timely warning signals, and (c) in failing to keep a reasonable and sufficient lookout for automobiles at the crossing; (2) upon negligence under the last clear…