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

The opinion of the court was delivered by

Porter, J.:

The administrator of the estate of A. Baumgartner recovered damages in the sum of $3000 for the death of his intestate, who was killed by a train of the plaintiff in error at a highway crossing. The railway^company brings error.

The petition alleged, as negligence of defendant, in substance: (1) That defendant negligently constructed the highway crossing in such a manner as to make it unsafe and dangerous; (2) that in view of the dangerous nature of the crossing defendant was running its train at an excessive and dangerous rate of speed; (3)…