# Kendrick v. Atchison, Topeka & Santa Fe Railroad

> Supreme Court of Kansas · January 25, 1958 · 182 Kan. 249

URL: https://www.frixlaw.com/law-library/cases/9563705

## Case

- **Full name:** Donald F. Kendrick, Appellant, v. the Atchison, Topeka & Santa Fe Railroad Company, Appellee
- **Court:** Supreme Court of Kansas
- **Decided:** January 25, 1958
- **Citations:** 182 Kan. 249; 320 P.2d 1061; 1958 Kan. LEXIS 245
- **Precedential status:** Published
- **Opinion:** Dissent by Parker
- **Judges:** Hall, Parker, Price
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9563705

## Opinion text

Parker, C. J.
(dissenting): I concede this case presents a close question. However, after reviewing all the evidence in the light of the rule announced in paragraph 2 of the syllabus, I have become convinced that under the existing facts and circumstances negligence of the driver of the involved automobile was the proximate and legal cause of this tragic accident. In that situation I am constrained to conclude the trial court should have sustained the demurrer to the evidence on that basis, hence this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9563705. Public record. Not legal advice.