KLEIBRINK v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 48,818

224 Kan. 437 (1978)

581 P.2d 372

ANN KLEIBRINK, and BETH ANNE KLEIBRINK, a Minor, by Her Mother and Next Friend, ANN KLEIBRINK, Appellees, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed July 15, 1978.


Attorney(s) appearing for the Case

John B. Markham, of Parsons, argued the cause and was on the brief for the appellant.

Charles F. Forsyth, of Erie, argued the cause, and was on the brief for the appellees.


The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal from an action to recover for the wrongful death of plaintiffs-appellees' decedent, Royal Edward Kleibrink, who was killed when his car collided with a train owned and operated by the Missouri-Kansas-Texas Railroad Company, Inc., defendant-appellant. The case was tried under our new comparative negligence statute. The jury found the railroad 100 percent negligent and awarded damages...

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