Missouri Pacific Railway Co. v. Griffith

Citations

• 69 Kan. 130
• 76 P. 436
• 1904 Kan. LEXIS 221

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads—Injury at Crossing—Pleading and Proof. Where the plaintiff sets up in his petition as grounds of recovery for injuries sustained in a collision with a railroad-train at a public crossing specific acts of negligence of the railroad company in failing to give warning of the approach of the train and in running at a high and reckless rate of speed, the trial court is not warranted in enlarging the issues and in submitting to the jury, as an additional ground of recovery, the negligence of the defendant in permitting buildings and cars to be placed and to remain on the right of way in such positions as to obstruct the view of the plaintiff when approaching the railroad-track.</p>