McGinness v. Kansas City Western Railway Co.

Plaintiff is the widow of Charles McG-inness who is alleged to have been killed in the State of Kansas by being run upon by one of defendant’s electric cars. She brought this action for damages under the statute of that State, and recovered judgment in the trial court for six thousand dollars.

The statute of Kansas reads as follows:

“Section 5319 of the Revised Statutes of the State of Kansas, 1909. Action for death, limitation, etc. par. 422. When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor…