Ross v. Fleming

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover damages for the wrongful death of the plaintiff’s husband, resulting from a collision at a railroad crossing. The appeal is from an order sustaining defendant’s demurrer to the plaintiff’s evidence. Appellant’s sole contention is that the trial court erred in not submitting to the jury the question whether the defendants were guilty of actionable negligence, under the doctrine of last clear chance.

The accident occurred on February 19, 1945, at a Rock Island railroad crossing about two miles north of Lawrence.…