SMITH v. UNION PACIFIC RAILROAD CO.

No. 48,237

222 Kan. 303 (1977)

564 P.2d 514

DAVID C. SMITH, Appellant, v. THE UNION PACIFIC RAILROAD COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 14, 1977.


Attorney(s) appearing for the Case

Jerry R. Palmer, of Topeka, argued the cause and was on the brief for the appellant.

Richard F. Hayse, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and Phil H. Lewis, of the same firm, was with him on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

The plaintiff, David C. Smith, appeals from a summary judgment entered in favor of defendant, The Union Pacific Railroad Company. The plaintiff was injured while riding as a passenger in a truck which collided with a Union Pacific Railroad train at a railroad crossing in the city of Manhattan, Kansas. The question is whether the testimony of plaintiff conclusively

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