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HARMON v. ATCHISON, TOPEKA & S.F. RLY. CO.

No. 38,305

171 Kan. 403 (1951)

233 P.2d 489

FLORENCE HARMON, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

W.E. Treadway, of Topeka, argued the cause, and C.J. Putt, Henry Schulteis, Jr., and J.B. Reeves, all of Topeka, and Walter F. Jones, of Hutchinson, were with him on the briefs for the appellant.

Roy C. Davis, of Hutchinson, argued the cause, and Frank S. Hodge, Eugene A. White and Robert Y. Jones, all of Hutchinson, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for damages for personal injuries sustained by plaintiff when the automobile in which she was riding collided with a tender on defendant's engine at a grade crossing. A trial by jury resulted in a judgment for plaintiff. Defendant has appealed and contends, first, that its demurrer to plaintiff's evidence should have been sustained because of the failure of plaintiff's evidence to show...

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