Atchison, Topeka & Santa Fe Railroad v. Schroeder
Supreme Court of Kansas
Error from Butler District Court. The defendant in error commenced Ms action February 24, 1887, to recover damages for personal injuries sustained by Mm while engaged at work as a section-foreman on the railroad of the plaintiff in error.
Read the full summary
Error from Butler District Court. The defendant in error commenced Ms action February 24, 1887, to recover damages for personal injuries sustained by Mm while engaged at work as a section-foreman on the railroad of the plaintiff in error. A demurrer to his petition was sustained, and by leave of court he filed an amended petition October 5, 1887. A demurrer to the amended petition was sustained at December term, 1887, and on March 7, 1888, a second amended petition was filed. The railroad company answered, this petition, Schroeder replied; and at October term, 1888, the case was called for…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: An action to recover damages for personal injuries suffered by a servant of a railroad company from the negligence of a fellow servant must be brought within two years. (A. T. & S. F. Rld. Co. v. King, 31 Kan. 708.) Schroeder was injured February 17, 1886, and he commenced his action February 24, 1887, but his right of action was founded directly upon the duty of the master toward him; and this was not changed, but on March 7, 1888, a -further cause of action was added, and this was based, not upon the negligence of the master, but upon…
2Cases cited4 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1873
- Hiatt v. AuldSupreme Court of Kansas · 1873
- Atchison, Topeka & Santa Fé Railroad v. KingSupreme Court of Kansas · 1884
3Cited by18 opinions
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902
- Taylor v. Swift & Co.Supreme Court of Kansas · 1923
- Powers v. Badger Lumber Co.Supreme Court of Kansas · 1907
- City of Kansas v. HartSupreme Court of Kansas · 1899
- Union Pacific Railroad v. SweetSupreme Court of Kansas · 1908
13 more not listed; retrieve them via the Exa API.