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

*616The opinion of the court was delivered by

•Thiele, J.:

This was an action to recover damages for wrongful death, and from á judgment against it the defendant appeals.

The principal point in issue is whether in such an action operation of a railroad train driven by a gas-electric motor, when it is not equipped with a steam whistle to give warning of its approach to a highway crossing, constitutes negligence.

So far as need be noticed, the petition alleged that plaintiffs were the parents of Oliver Smith, who on December 22, 1934, by reason of a temporary nervous breakdown, was incapable of taking…