Elliott v. Chicago, Rock Island & Pacific Railroad

The opinion of the court was delivered by

Schroeder, J.;

This is a damage action for personal injuries claimed by the plaintiff to have been sustained when alighting from the defendant’s standing passenger train at its Hutchinson, Kansas, station. The first trial in June, 1967, resulted in a hung jury. The second trial in October, 1967, resulted in a jury verdict for the plaintiff in the sum of $61,000, upon which judgment was entered and from which appeal has been duly perfected, presenting the issues hereafter discussed.

On the 6th day of August, 1963, Treva Elliott (plaintiff-appellee) was…