Atchison, Topeka & Santa Fé Railroad v. Randall
Supreme Court of Kansas
Error from Johnson District Court. On the 20th day of September, 1886, J. D. Randall filed his petition against The Atchison, Topeha & Santa Fé Railroad Company, in the district court of Johnson county, in the words and figures following, to wit (omitting caption): “ 1. And now comes the plaintiff, and for his cause of action against the defendant herein, states that the said defendant, the Atchison, Topeka & Santa Fé Railroad Company, was at the date of the grievances…
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Error from Johnson District Court. On the 20th day of September, 1886, J. D. Randall filed his petition against The Atchison, Topeha & Santa Fé Railroad Company, in the district court of Johnson county, in the words and figures following, to wit (omitting caption): “ 1. And now comes the plaintiff, and for his cause of action against the defendant herein, states that the said defendant, the Atchison, Topeka & Santa Fé Railroad Company, was at the date of the grievances hereinafter complained of, has ever since been, and is now, a corporation duly authorized and acting under and by virtue of…
1Opinion of the Court
The opinion of the court was delivered by
HoutoN, C. J.:
It appeared upon the trial of this case that on the morning of October 16,1884, through an unavoidable accident, a cattle train upon the road of the Atchison, Topeka & Santa Fé Railroad Company was derailed near Cedar Junction, in Johnson county, and two or three of the cars were thrown from the track; that, in order to clear the wreck, it was necessary to let out the cattle from some of the cars, and these were driven into a sort of pocket in the fences along the right-of-way; that, while the men were engaged in clearing away the wreck…
2Cases cited3 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Wheeler & Wilson Manufacturing Co. v. BoyceSupreme Court of Kansas · 1887
- Ochsenbein v. . ShapleyNew York Court of Appeals · 1881
3Cited by6 opinions
- Jones v. HogeWashington Supreme Court · 1907
- Collette v. ReboriMissouri Court of Appeals · 1904
- Martin v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
- Toadvine v. SinnettSupreme Court of Kansas · 1919
- Keep v. WalshAppellate Division of the Supreme Court of the State of New York · 1897
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