Atchison, Topeka & Santa Fe Railway Co. v. Schriver
Supreme Court of Kansas
Error from Chase district court; Frederick A. Meckel, judge. STATEMENT. This action was commenced in the district court of 'Chase county, by the administrator of the estate of P. P. Schriver, deceased, to recover damages sustained by the next of kin on account of the death of P. P. Schriver, who was killed while crossing the defendant’s railroad near Cedar Point, in that county.
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Error from Chase district court; Frederick A. Meckel, judge. STATEMENT. This action was commenced in the district court of 'Chase county, by the administrator of the estate of P. P. Schriver, deceased, to recover damages sustained by the next of kin on account of the death of P. P. Schriver, who was killed while crossing the defendant’s railroad near Cedar Point, in that county. It appears from the evidence that P. P. Schriver, on February 16, 1907, in company with Warren Peck, a neighbor, was returning from the funeral of a friend, in a buggy drawn by one horse. About four o’clock in the…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Several assignments of error have been presented and argued, but in the view we have taken, one only need be considered. The plaintiff in error .complains of several instructions given to the jury by-the court, but it especially criticises those numbered 10' and 11, which read:
“(10) If you believe from the evidence that the plaintiff’s intestate saw the approaching train and without negligence on his part failed to observe from his position the unusual speed at which it was running, if' it was running at an unusual speed, so that his…
2Cases cited2 opinions
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Atchison Topeka & Santa Fé Railroad v. HagueSupreme Court of Kansas · 1894
3Cited by18 opinions
- Chicago, Rock Island and Pacific Railroad Company, a Corporation v. Hugh Breeding, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1956
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Modlin v. Consumers Cooperative Ass'n.Supreme Court of Kansas · 1952
- Woodworth v. Kansas City Public Service CompanySupreme Court of Missouri · 1955
- Adams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
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