MORRIS v. ATCHISON, T. & S.F. RLY. CO.

No. 44,617

198 Kan. 147 (1967)

422 P.2d 920

BRIAN KENT MORRIS, a minor, by Harold Morris, his father and next friend, Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, a corporation, Appellee.

Supreme Court of Kansas.

Opinion filed January 21, 1967.


Attorney(s) appearing for the Case

C.K. Sayler, of Topeka, argued the cause and David H. Fisher, Donald Patterson, Jack L. Summers and Edwin D. Smith, all of Topeka, were with him on the brief for the appellant.

W.E. Treadway, of Topeka, argued the cause and C.J. Putt, J.B. Reeves and Roth A. Gatewood, all of Topeka, were with him on the brief for the appellee.


The opinion of the court was delivered by

PRICE, C.J.:

This was an action to recover for the loss of an arm and a leg when plaintiff was run over by a car of defendant railway company.

The trial court sustained defendant's motion for summary judgment on the ground that at the time and place in question plaintiff was a trespasser on the tracks of defendant and that there was no evidence whatsoever of any willful or wanton act on the part of defendant...

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