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SANDER v. UNION PACIFIC RLD. CO.

No. 45,729

205 Kan. 592 (1970)

470 P.2d 748

NORMA JEAN SANDER, ELGERINE GROSS, DARRELL N. ENGEL, IMELDA MAE KARLIN, CLAYTON J. ENGEL, VERLIN JAMES ENGEL, and PHYLLIS ANN ENGEL, a Minor, by IMELDA MAE KARLIN, Her Guardian and Next Friend, Appellees and Cross-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, and J.L. WOOD, Appellants.

Supreme Court of Kansas.

Opinion filed June 13, 1970.

Attorney(s) appearing for the Case

Charles Henson of Lillard, Eidson, Lewis and Porter, Topeka, argued the cause, and Clayton S. Flood, Hays, was with him on the brief for the appellants.

J. Eugene Balloun of Turner & Balloun, Great Bend, argued the cause, and was on the brief for the appellees.

The opinion of the court was delivered by

O'CONNOR, J.:

The tragedy giving rise to this appeal occurred at a railroad crossing in Ellis county when a Union Pacific Railroad train collided with an automobile occupied by Clara Engel and her husband Florian, killing them instantly. The district court rendered judgment against the railroad and the train engineer upon special verdicts returned by the jury in favor of the...

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