Supreme Court of Kansas February 7, 1925, No. 25,717 (Cooper v. Chicago, Rock Island & Pacific Railway Co.)

*704The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for the alleged negligent killing of plaintiff’s husband.

The tragedy happened on December 8, 1921, about 11:30 o’clock in the forenoon, at a railway crossing about a mile east of Smith Center, where the railway runs east and west and the public high-' way runs north and south.