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WAITS v. ST. LOUIS-SAN FRANCISCO RLY. CO.

No. 47,527

216 Kan. 160 (1975)

531 P.2d 22

J.R. WAITS and JOAN FAY WAITS, FLOYD L. BEDIGREW and MRS. FLOYD L. BEDIGREW, Appellees, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1975.

Attorney(s) appearing for the Case

Glenn D. Young, Jr., of Gott, Hope, Gott & Young, P.A., of Wichita, argued the cause, and William A. Wells, of the same firm, was with him on the brief for the appellant.

Patrick F. Kelly, of Render, Kamas and Kelly, of Wichita, argued the cause, and Donald E. Lambdin, of Coombs, Lambdin, Kluge and Garrity, Chartered, of Wichita, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

These are consolidated actions for wrongful death arising out of a collision between an automobile in which the plaintiffs' decedents were passengers and a freight train. The jury rendered a verdict in favor of the plaintiffs, and the railroad has duly perfected an appeal.

The principal points on appeal concern whether there was substantial competent evidence that the railroad crossing was unusually...

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