Jacobson v. Ford Motor Co‪.‬

The opinion of the court was delivered by This is a damage action for personal injuries wherein the defendant Ford Motor Company won a jury verdict. On August 7, 1959, the appellant-plaintiff purchased a new 1959 Ford automobile from Mosby-Mack Motor Company, Incorporated, Ford dealer at Topeka. On March 3, 1961, as he was driving the vehicle east on East Eighth street in that city approaching the tracks of the Atchison, Topeka, and Santa Fe Railway Company, he saw a train crossing the street; he applied the brakes on the vehicle but the brakes failed and he ran into a crossing signal control approximately six feet from the tracks. Plaintiff was dazed by the collision, he got out of his automobile and in some manner either walked into or was sucked under the passing train with consequent loss of both legs.