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

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered a judgment against the defendant for damages to an automobile caused by a collision with one of the trains of the defendant at a crossing of a public highway in Gray county. The defendant appeals.

The evidence of the plaintiff tended to prove that he was driving an automobile east on the Santa Fe trail along the north side of the right of way of the defendant; that there was an embankment which obscured the view of the railroad *335to one traveling along the trail; that the top of the car and back curtain were up, but…