Supreme Court of Kansas April 11, 1896, No. 8334 (Missouri Pacific Railway Co. v. Moffatt)

The opinion of the court was delivered by

Johnston, J.

: On the morning of October 23, 1890, Andrew C. Moffatt was in a wagon driving a team of horses along a highway in Wyandotte county, and, at an intersection of the highway with the Missouri Pacific railway, he was struck and fatally injured by the locomotive of a passenger-train.