Atchison, Topeka & Santa Fe Railway Co. v. Townsend

Citations

• 71 Kan. 524
• 81 P. 205
• 1905 Kan. LEXIS 176

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Damages — I-Iusband May Recover for Wife’s Death. The surviving husband is, within the meaning of section 422 of the code, next of kin of his wife, and entitled to recover damages for her wrongful death.</p> <p>2. Railroads — Duty to Restore Highway. It is the duty of a railroad company in constructing its road across a highway to restore the same to its former state, or to such a state as not necessarily to impair its usefulness. It may not be possible to restore the highway to. its exact original condition, but it should be restored to its former state as far as it is practicable to do so, and so as not substantially to endanger or impair its usefulness as a highway.</p> <p>3. -Instruction Not Misleading. An instruction to the effect that it is the duty of the company to restore a highway, “as near as it was possible to do so, to its original condition” is not misleading when considered with other portions of the same instruction defining the duty of the company.</p> <p>4. -Exemplary Damages Not Allowable. The right of action for wrongfully causing death, given by section 422 of the code, is for the pecuniary loss sustained by the relatives of the deceased, and exemplary damages may not be allowed.</p>