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FRIESEN v. CHICAGO, ROCK ISLAND & PACIFIC RLD.

No. 47,301

215 Kan. 316 (1974)

524 P.2d 1141

MARY FRIESEN, GERALD J. FRIESEN, ARLIE J. FRIESEN, JIMMY D. FRIESEN and JO ETTA MARY WALL, Appellants, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD, a corporation, and R.J. SCARBROUGH, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Bradley Post, of Michaud, Cranmer, Syrios and Post, of Wichita, argued the cause, and Orval L. Fisher, of the same firm, and E. Keith Beard, of Wilson and Beard, of Meade, were with him on the brief for the appellants.

Mark L. Bennett, Jr., of Davis and Bennett, of Topeka, argued the cause, and James Williams, of Williams, Larson, Voss and Strobel, of Dodge City, was with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

This litigation arose out of a railroad crossing accident on January 6, 1971, at the north edge of Meade, Kansas, resulting in the death of Jonas W. Friesen, the driver of a pickup truck involved in the accident. The case was submitted to a jury on the issue of the negligence of the defendant railroad and its engineer, R.J. Scarbrough. The jury returned a verdict for the defendants. Plaintiffs appeal, claiming...

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