Atchison, Topeka & Santa Fe Railroad v. Henry
Supreme Court of Kansas
Error from Osage District Court. Hon. William Thomson, Judge. STATEMENT BY THE COURT. On June 23, 1891, Frank B. Henry, a locomotive engineer in the service of the Atchison, Topeka & Santa Fe Railroad Conrpany, came to his death in Ellsworth county by reason of a collision of his engine with, a Deering harvester-binder, which became fast upon the highway crossing on the section line between sections 31 and 32, in' township 17, range 8. The crossing consisted of six…
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Error from Osage District Court. Hon. William Thomson, Judge. STATEMENT BY THE COURT. On June 23, 1891, Frank B. Henry, a locomotive engineer in the service of the Atchison, Topeka & Santa Fe Railroad Conrpany, came to his death in Ellsworth county by reason of a collision of his engine with, a Deering harvester-binder, which became fast upon the highway crossing on the section line between sections 31 and 32, in' township 17, range 8. The crossing consisted of six planlcs,'14 feet long, between 11 and 12 inches wide and 2i to 3 inches thick, one being placed on the outside of each rail, and…
1Opinion of the Court
*160The opinion of the court was delivered by
Martin, C. J. :
1. Duty of company a crossings. I. The court correctly ruled that the highway was legally established, and this was prior to the construction of the railroad. It was therefore the duty of the company to restore the highway “ to its former state, or to such state as to have not necessarily impaired its usefulness," and also to construct and keep in repair “ a good and substantial crosssing, by securing on each side of each rail a board not less than 12 feet long, and not less than 10 inches wide and two inches thick, and . . . fill the…
2Cases cited12 opinions
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Pennsylvania Co. v. RoneyIndiana Supreme Court · 1883
- Cooke v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Payne v. . Troy Boston Railroad Co.New York Court of Appeals · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Missouri Pacific Railway Co. v. WaltersSupreme Court of Kansas · 1908
- Marple v. Topeka Railway Co.Supreme Court of Kansas · 1911
- Indiana ex rel. City of Muncie v. Lake Erie & W. R.U.S. Circuit Court for the District of Indiana · 1897
- Matassarin v. Wichita Railroad & LightSupreme Court of Kansas · 1917
- Brock, Administrator v. PEABODY COOPERATIVE EQUITY EXCHSupreme Court of Kansas · 1960
4 more not listed; retrieve them via the Exa API.