ATKINSON v. MISSOURI PACIFIC RLD. CO.

No. 40,773

182 Kan. 389 (1958)

320 P.2d 850

SANFORD ATKINSON, Appellee, v. GUY A. THOMPSON, Trustee of the MISSOURI PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1958.


Attorney(s) appearing for the Case

Ralph M. Hope, of Wichita, argued the cause, and D. Arthur Walker, of Arkansas City, W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, and Charles S. Lindberg, all of Wichita, were with him on the briefs for the appellant.

Stewart S. Bloss, of Winfield, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, C.J.:

Plaintiff brought this action to recover the value of a cow killed by one of defendant's trains on an open private railroad crossing, without fence or gates, located on his farm in Cowley County. Plaintiff recovered and the defendant appeals.

In view of the question presented on appeal the pleadings are not involved and all that need be said regarding...

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