Miller v. Union Pac. R.

GARDNER, Circuit Judge,. . . , „ , „ This is an action for damages tor death by wrongful act. Plaintiff’s intestates, Marcug Andlauer and Ellanore Andlauer, husband and wjfej were killed on a railroad crossing near St. Marys, Kan., December 11, 1927. It is charged in the petition that the defendant railroad ^ company was ^ negligent ta operating its train at an excessive speed; that the trainmen failed to sound the erossing whistle; that they failed to warn plaintiff’s intestates, or slacken tbe speed of the train after they knew, or could have known, of their peril. Defendant’s answer is in…