Calvin v. Schaff

The opinion of the court was delivered by

Hopkins, J.:

The action was one for damages resulting from the death of John Wesley Calvin, which occurred in a collision between an automobile in which he was riding and one of defendant’s passenger trains. The plaintiffs recovered and defendant appeals.

This is a second appeal to this court. When here before the judgment was reversed because of an error by the trial court in instructing the jury with reference to the time of sunset. (See 113 Kan. 103, 213 Pac. 814.) The facts, briefly, were as follows:

The deceased operated a sawmill at Richards, Mo., a…