Schaefer v. Arkansas Valley Interurban Railway Co.

The opinion of the court was delivered by

Dawson, J.:

This action for damages records another railway-crossing accident.

The plaintiff was traveling eastward on a public highway. He drove a Ford automobile, and his wife rode by his side. Defendant’s interurban railway crossed this highway diagonally southeast and northwest. As plaintiff and his wife were crossing this railway track, his automobile was struck by defendant’s northbound interurban car, and his wife was killed.

Because of plaintiff’s contributory negligence he was non-suited as to his own claim for damages for the death of his wife;…