Dudas v. Kansas City Southern Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

Stephan Dudas and his family, who were riding in a buggy drawn by a horse along a highway and over defendant’s railroad, met an automobile on the crossing, and he alleged that when he turned to the right to let the automobile pass, defects in the crossing caused the horse to turn aside on the track and to move backward, which caused the buggy to tip over and roll down the embankment,' seriously injuring the plaintiff and causing damage to the vehicle; for which he asked damages. After his testimony had been presented to the jury, the…