Roach v. St. Joseph & Iowa Railroad
Supreme Court of Kansas
Error from Broivn District Court. AotioN brought by Hannah M. Roach, as the admin-istratrix of the estate of Mitchell Roach, deceased, to recover damages arising in consequence of his death, caused by the alleged negligence of the defendant Railroad Company. The court sustained the defendant’s demurrer to the plaintiff’s evidence. A motion for a new trial was overruled, and judgment given against the plaintiff for costs. She brings the case to this court.
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Error from Broivn District Court. AotioN brought by Hannah M. Roach, as the admin-istratrix of the estate of Mitchell Roach, deceased, to recover damages arising in consequence of his death, caused by the alleged negligence of the defendant Railroad Company. The court sustained the defendant’s demurrer to the plaintiff’s evidence. A motion for a new trial was overruled, and judgment given against the plaintiff for costs. She brings the case to this court. The material facts are stated in the opinion, filed October 5, 1895.
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
Mitchell Roach, the husband of the plaintiff in error, was killed on the line of railroad then operated by the defendant in error, at a private *655crossing on Ms farm in Brown county, on the 11th. of January, 1888. The crossing where the accident occurred was on a private road extending from the highway to the plaintiff’s residence, situated on the west side of the railroad-track. The railroad-track enters a cut within a very few feet north from the crossing, and curves to the northwest through the cut, a distance of about 900 feet. A short…
Also in this document: Concurrence.
2Cases cited4 opinions
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Atchison Topeka & Santa Fé Railroad v. HagueSupreme Court of Kansas · 1894
- Clark v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1886
3Cited by7 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Atchison, Topeka & Santa Fe Railroad v. HollandSupreme Court of Kansas · 1899
- Missouri, Kansas & Texas Railway Co. v. BusseySupreme Court of Kansas · 1903
- Young v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1896
- Crane v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1913
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