Shepard ex rel. Shepard v. Thompson

The opinion of the court was delivered by

HoCh, J.:

This is a railroad crossing case. The husband of the appellee was killed when the car in which he was riding ran into the side of a moving passenger-train engine at a grade crossing in the city of Wichita. Appealing from the judgment against it, the railroad’s principal contention is that the collision resulted from the negligence of the deceased and the driver of the car and that upon the jury’s answers to special questions judgment should have been entered for the defendant notwithstanding the general verdict for the plaintiff.

The collision…