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SEXSMITH v. UNION PACIFIC RAILROAD CO.

No. 46,277

209 Kan. 99 (1972)

495 P.2d 930

MARGARET SEXSMITH, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. AUDDIE WARREN, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. HOME INSURANCE COMPANY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. RYDER TRUCK RENTAL, INC., Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

C. Stanley Nelson, of Hampton, Royce, Engleman and Nelson, of Salina, and Frank C. Norton, of Salina, argued the cause and were on the brief for the appellants.

Charles N. Henson, of Eidson, Lewis, Porter and Haynes, of Topeka, argued the cause, and Philip H. Lewis, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This appeal involves five damage actions consolidated for trial and review here. Two of the suits are for wrongful death and the remaining three are for property damage, all arising from a truck-passenger train collision.

Certain background facts were stipulated to at pretrial conference and may be summarized as follows: On February 8, 1966, at about 2:30 p.m. Union Pacific train number 70 collided...

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