Hughes v. Martin

The opinion of the court was delivered by

Prager, J.:

This is a wrongful death action brought by Clayton F. Hughes, as administrator of the estate of Clayton F. Hughes, Jr., deceased, and in his capacity as administrator of the estate of Shirley K. Hughes, deceased. The defendant is Lynn E. Martin, administrator of the estate of Michael W. Baldwin, deceased. The facts in the case are undisputed and are as follows; The plaintiffs son, Clayton F. Hughes, Jr., was killed on May 29, 1983, in a collision between an automobile and a freight train in Miami County, Kansas. At the time of the collision,…