Supreme Court of Kansas July 3, 1908, No. 15,524 (Chicago, Rock Island & Pacific Railway Co. v. Assman)

Porter, J.

(dissenting) : I dissent for the reason that the findings show such contributory negligence on the part of Arthur Assman as, in my judgment, prevents recovery by either plaintiff. Besides being familiar with the crossing for fifteen years, he had driven over it several times the day of the accident, and knew all the surroundings.