Legal Opinion

Dow v. Kansas Pacific Rly. Co.

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 11 opinions

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

  1. St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
  2. Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
  3. Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
  4. Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1873
  5. Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1875

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