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

[ 525] Action for $25,000 damages for personal injuries and property damage sustained when plaintiff’s automobile, which he was operating, collided with one of defendant’s trains at a grade crossing on U. S. Highway No. 50-S, near Burrton, Kansas, on May 18, 1946. The cause was submitted to the jury under the last clear chance doctrine of Kansas and a verdict was returned for plaintiff for $5,000. Thereafter the trial court sustained defendant’s motion for a new trial and its motion for judgment notwithstanding the verdict, and entered a judgment for defendant in accordance with defendant’s…