Atchison, Topeka & Santa Fe Railway Co. v. Roth
Supreme Court of Kansas
Error from Lyon district court; Frederick A. Meckel, judge. STATEMENT. E. E. Roth was head brakeman on a freight-train operated on the defendant’s railroad. On January 13, 1907, his train became disabled and was compelled to take a side-track at Mission Siding. At this time a train from the west was due at that station, and Roth was sent forward to flag and stop the coming train until the main track could be cleared.
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Error from Lyon district court; Frederick A. Meckel, judge. STATEMENT. E. E. Roth was head brakeman on a freight-train operated on the defendant’s railroad. On January 13, 1907, his train became disabled and was compelled to take a side-track at Mission Siding. At this time a train from the west was due at that station, and Roth was sent forward to flag and stop the coming train until the main track could be cleared. It was in the evening, after dark, and he carried a red light and a white light. In going to the point where it was necessary to give the signal he was compelled to cross a…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The defendant contends that there is an entire absence of proof tending to establish negligence upon its part, and that there is a conclusive showing of contributory negligence upon the part of the deceased. It has also been urged that the jury found that the bridge was negligently constructed, as alleged in the petition; but it is not intimated that this condition of the bridge had anything to do with the injury of which complaint is made.
These propositions are strongly presented. It is unnecessary, however, for us to place the decision of…
2Cited by9 opinions
- Bradley v. Mansfield Rapid Transit, Inc.Ohio Supreme Court · 1950
- Adams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
- Tritle v. Phillips Petroleum Co.Supreme Court of Kansas · 1934
- McBeth v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
- Case v. YoakumSupreme Court of Kansas · 1916
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