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STOCK v. UNION PACIFIC RAILROAD CO.

No. 41,086

183 Kan. 659 (1958)

331 P.2d 549

HENRY STOCK, Appellant, v. UNION PACIFIC RAILROAD CO., Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

Elisha Scott, of Topeka, argued the cause, and Samuel C. Jackson, John J. Scott and Charles S. Scott, all of Topeka, were with him on the briefs for the appellant.

Charles S. Fisher, Jr., of Topeka, argued the cause, and T. M. Lillard, O.B. Eidson, Philip H. Lewis, James W. Porter and E. Gene McKinney, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover damages for personal injuries resulting from a collision between plaintiff's motor vehicle and one of defendant's trains at a railroad crossing.

Plaintiff commenced the action by filing a petition setting forth his version of the conditions under which the collision occurred, alleging that such collision was due to the defendant's negligent operation of its train...

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