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

The opinion of the court was. delivered by

Burch, J.:

The plaintiff sued for. damages for injury to his automobile occasioned by a collision with one of the defendant’s trains at a highway crossing near the city of Hutchinson. The petition charged that the defendant was guilty of negligence, in failing to sound the locomotive whistle at the place and in the manner required by. statute. One of the. defenses was contributory negligence on the part of the plaintiff. The plaintiff recovered, and the defendant appeals.

The highway, which is a country road but is known as Lorraine street, extends…