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SMITH v. UNION PACIFIC RAILROAD CO.

No. 47,148

214 Kan. 128 (1974)

519 P.2d 1101

RODNIE SMITH, a minor, by his father as next friend, CHARLES W. SMITH, JR., Appellant, v. UNION PACIFIC RAILROAD CO., a corporation; and WILLIAM H. HAGEN and COLIN T. NORMINGTON, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Edwin P. Carpenter, of Turner, Chartered, of Great Bend, argued the cause, and Lee Turner and Eldon L. Boisseau, of the same firm, were on the brief for the appellant.

Charles D. McAtee, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and O.B. Eidson, of the same firm, Steven P. Flood and Clayton S. Flood, of Flood, Martin, Coffelt & Flood, of Hays, were with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This appeal stems from a jury trial which concerned a collision at a railroad crossing in the city of Palco, Kansas. Plaintiff was a passenger in a car driven by his mother and he suffered severe and permanent injuries. The train was being operated by the defendant William H. Hagen, engineer, and the defendant Colin T. Normington, conductor. Suit was filed on behalf of the plaintiff against the Union Pacific...

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