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

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages to an automobile and for personal injuries alleged to have been sustained by plaintiff in a collision with the defendant’s train, and to have resulted from defendant’s negligence. The jury answered special questions and returned a verdict for plaintiff. Defendant has appealed.

Defendant’s tracks and right of way extend north and south through the city of Iola. They are intersected by West street, a paved east-and-west street which is much used, being the principal *460thoroughfare of the city and a part of state…