Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Groves

Supreme Court of Kansas

Decided April 11, 1896No. 8252PublishedCited by 9 opinions

Error from Wyandotte Court of Common.Pleas. Edward Jackson, a passenger on an east-bound train -of the Union Pacific Railway Company,'was killed at a point a little west of Rock Island Junction, about 7 o’clock in the morning of October .22, 1890, by reason of a rear-end collision between said train and a train of the defendant company, which was following it.

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Error from Wyandotte Court of Common.Pleas. Edward Jackson, a passenger on an east-bound train -of the Union Pacific Railway Company,'was killed at a point a little west of Rock Island Junction, about 7 o’clock in the morning of October .22, 1890, by reason of a rear-end collision between said train and a train of the defendant company, which was following it. Under some kind of a lease or trackage contract between the two companies (not introduced in evidence) the defendant’s passenger-trains between North Topeka and the union depot at Kansas City, Mo., were run over the track of the Union…

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J.:

I. The principal question is whether the Rock Island train was so far under the control of the Union Pacific company that the negligence of the Rock Island crew must be imputed to the Union Pacific company, the defendant company being thereby exonerated from liability. Counsel for defendant seek to cast the blame upon the train-dispatcher and operators in failing to stop the following train, particularly at Bonner Springs, and upon the Union Pacific crew in taking in the tail-lights, and failing to keep a brakeman on the rear end of the…

2Cases cited8 opinions

  1. Way v. Illinois Central RailroadSupreme Court of Iowa · 1875
  2. Wabash, St. Louis & Pacific Railway Co. v. PeytonIllinois Supreme Court · 1883
  3. Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
  4. Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1889
  5. Vary v. B., C. R. & M. R. Co.Supreme Court of Iowa · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
  2. Blakeman v. LoflandSupreme Court of Kansas · 1953
  3. Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of Kansas · 1898
  4. City of Leavenworth v. HatchSupreme Court of Kansas · 1896
  5. Atchison, Topeka & Santa Fe Railroad v. HillSupreme Court of Kansas · 1896

4 more not listed; retrieve them via the Exa API.

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