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GRISAMORE, ADMX. v. ATCHISON, T. & S.F. RLY. CO.

No. 43,968

195 Kan. 16 (1965)

403 P.2d 93

BONNIE M. GRISAMORE, as Administratrix of the Estate of Milo B. Grisamore, Deceased, Appellant, v. THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Charles M. Cline, of Wichita, argued the cause, and Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Cecil E. Merkel, Harry L. Hobson, Bruce W. Zuercher, L.D. Klenda, and Richard A. Loyd, all of Wichita, were with him on the briefs for the appellant.

Charles W. Harris, of Wichita, argued the cause, and C.J. Putt, W.E. Treadway, J.B. Reeves and Roth A. Gatewood, all of Topeka, Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Orval J. Kaufman, J. Ruse McCarthy, Donald A. Bell, J.L. Weigand, Jr., Spencer L. Depew, Paul M. Buchanan, and Charles R. Moberly, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment sustaining a demurrer to plaintiff's petition.

On September 29, 1961, at about 12:15 A.M., Milo B. Grisamore was traveling south in a 1959 Chevrolet pick-up truck on St. Francis Street in the city of Wichita, Sedgwick County, Kansas. The street crosses certain railroad tracks used and maintained by the defendant in the 700 block south. As Grisamore reached the...

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