Home Insurance v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Price, J.:

Twelve head of cattle were killed when struck by a Santa Fe passenger train. The owners thereof were paid the value of the cattle by their insurance company. The insurance company, under its subrogation rights, later brought suit against the Santa Fe to recover the amount so paid — charging negligence.

A jury found for plaintiff insurance company. Defendant railroad’s post-trial motions were overruled and judgment was entered upon the verdict. The railroad has appealed.

Highly summarized — the facts giving rise to this lawsuit are as follow:

On…