Dow v. Kansas Pacific Rly. Co.
Supreme Court of Kansas
Error from Shawnee District Cowrt. The plaintiff Dow filed Ms petition to recover $25,000 damages alleged to have been sustained by Mm wMle in defendant’s employ, and in. tbe discharge of his duty as a brakeman on defendant’s road in July 1869; that he was such brakeman on a freight train running between Kansas City and Junction City; that said train was in charge of Gr.
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Error from Shawnee District Cowrt. The plaintiff Dow filed Ms petition to recover $25,000 damages alleged to have been sustained by Mm wMle in defendant’s employ, and in. tbe discharge of his duty as a brakeman on defendant’s road in July 1869; that he was such brakeman on a freight train running between Kansas City and Junction City; that said train was in charge of Gr. C., conductor, also an employee of said defendant, and that said conductor “ so carelessly, negligently, and unskillfully conducted the running of said train ” that plaintiff, while coupling cars, was greatly bruised,…
1Opinion of the Court
*645The opinion, of the court was delivered by
Yalehtine, J.:
This action was in all probability brought to this court for the mere purpose of obtaining a decision of the question involved therein, for the mere purpose of making it a test case. The plaintiff Dow filed a petition in the district court alleging among other things that the plaintiff was a brakeman on the defendant’s railroad, that he was injured through the negligence of the conductor on the same road, lie carefully alleged everything necessary to a recovery except that he carefully avoided alleging that the defendant was negligent in…
2Cited by11 opinions
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
- Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1873
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1875
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