Jennings v. Missouri Pacific Railroad Co‪.‬

The opinion of the court was delivered by This is an action for damages wherein Wilma Jennings (plaintiff-appellee) seeks recovery for personal injuries to herself and damage to her automobile resulting from a collision in Hutchinson, Kansas. While traveling on a four lane limited access freeway her automobile struck the side of a railroad car being pushed over a grade level crossing in a switching operation by one of the Missouri Pacific Railroad Company's locomotives in the city of Hutchinson, Kansas. The jury returned a verdict against Edwin K. Peterson and the Missouri Pacific Railroad Company (defendants-appellants) in the amount of $7,807.60. Appeal has been duly perfected from the judgment entered thereon. The points asserted on appeal challenge the sufficiency of the evidence to sustain the jury's findings on negligence and contributory negligence; whether the general verdict is consistent with the answer to special questions; and whether the trial court properly interrogated the jury concerning their answers to special questions.