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KENDRICK v. ATCHISON, T. & S.F. RLD. CO.

No. 40,691

182 Kan. 249 (1958)

320 P.2d 1061

DONALD F. KENDRICK, Appellant, v. THE ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

John C. Frank, of Wichita, argued the cause and Robert L. Morrison, of Wichita, and George Templar, Earle N. Wright, Ted Templar, of Arkansas City, were with him on the briefs for the appellant.

W.E. Treadway and Edwin M. Wheeler, both of Topeka, argued the cause and Kirke W. Dale, Donald Hickman, both of Arkansas City, and C.J. Putt, J.B. Reeves, of Topeka, were with them on the briefs for the appellee.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from an order sustaining the demurrer to the plaintiff's evidence in a railroad crossing case.

The plaintiff Kendrick and others, Charles Manley, Tolliver Matthews and Milton McCollum were residents of Winfield, Kansas, employed at the Boeing Airplane Company in Wichita, Kansas. They had a car pool arrangement whereby the four of them alternated in driving their automobiles from...

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