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

The opinion of the court was delivered by

Harman, C.:

This is an interlocutory appeal in a wrongful death action. Issues presented involve validity and construction of a loan receipt agreement entered into by the guardian of the minor heirs of a passenger killed in an automobile-railway train collision and the liability insurance carrier of the driver of the automobile occupied by the decedent at the time of the collision.

The collision occurred February 6, 1970, at about 9:00 a. m. at a county road crossing the mainline track of appellant Santa Fe Railway Company, four miles east of Harper,…