Francom

This is an appeal from a judgment against appellants, defendants below, in favor of appellees, plaintiffs below, adjudging that plaintiffs “have and recover of and from the defendants, The Atchison, Topeka and Santa Fe Railway Company, a corporation, Hugh A. Donahue and E. F. Abril, the sum of Thirty-five Thousand Dollars ($35,000.00), together with costs herein taxed at $69.60.”

The complaint by the parties now appellees, from which the judgment arose, alleges the following tortious conduct of the appellants and damages proximately caused thereby:

“ * * * That at said time, the above named defendants were backing and operating extra engine 3880 and five cars in a southerly direction on said fifth spur or siding, and negligently, and carelessly caused said end or fifth car to crash into and against the north or right side of said truck as it was attempting to cross over said crossing, -capsizing the same. That as a result thereof the said Joseph Edgar Fran-com was crushed in and under said truck causing him to suffer fatal injuries, from which injuries he died on July 1, 1935.

“That said fatal injuries suffered by said Joseph Edgar Francom resulting in his death, as aforesaid,…