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ALLEY v. CHICAGO, ROCK ISLAND & PACIFIC RLD. CO.

No. 47,043

213 Kan. 457 (1973)

516 P.2d 967

T.O. ALLEY and EVALENA ALLEY, Appellees, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

Mark L. Bennett, Jr., of Topeka, argued the cause, and Clayton M. Davis, of Topeka, Mark L. Bennett, of Topeka, and Bill Baldock, of Alma, were with him on the brief for the appellant.

Arthur E. Palmer, of Topeka, argued the cause, and Ernest J. Rice, of Topeka, and Leo N. Johnson, of Council Grove, were on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

On February 15, 1969, plaintiff Evalena Alley left her house in rural Wabaunsee county to drive to her job in Council Grove. To get to the nearest township road she was required to cross the main line of the Rock Island railroad, which traverses the Alley farm in a general east-west direction. As she crossed she collided with an eastbound train. She suffered injuries...

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