Union Pacific Railway Co. v. Mitchell
Supreme Court of Kansas
Error from Douglas District Court. Action by Eddie Mitchell by John C. Mitchell, as his next friend, against The Union Pacific Railway Company, to recover damages for ejection from a train. There was a judgment for plaintiff, and defendant brings error. The following facts are either undisputed or found by the jury: The plaintiff below was a boy 14 years old. He had started from Olathe to go to Colorado Springs, where his father was.
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Error from Douglas District Court. Action by Eddie Mitchell by John C. Mitchell, as his next friend, against The Union Pacific Railway Company, to recover damages for ejection from a train. There was a judgment for plaintiff, and defendant brings error. The following facts are either undisputed or found by the jury: The plaintiff below was a boy 14 years old. He had started from Olathe to go to Colorado Springs, where his father was. He had made his way over other railroads to Junction City, from which point he had gone over the defendant’s railroad as far as Wallace, which place he reached…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. The railway company contends that the evidence is not sufficient upon which to base a judgment against it. Some of the facts were contested. The conductor and the head brakeman testified that they gave no order to Roy Wilson or anyone else to jerk off or pull off young Mitchell from the train; but the jury found, upon evidence which we must hold sufficient, that such order’ was given by the conductor. We must therefore accept the finding of the jury touching this important fact in the case. Our attention is called to A. T. & S. F.…
2Cases cited7 opinions
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Kansas Pacific Railway Co. v. Whipple ex rel. WhippleSupreme Court of Kansas · 1888
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. MilhoanSupreme Court of Kansas · 1887
- Missouri Pacific Railway Co. v. DwyerSupreme Court of Kansas · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kansas Malpractice Victims Coalition v. BellSupreme Court of Kansas · 1988
- Frazier v. Cities Service Oil Co.Supreme Court of Kansas · 1945
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Kemp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1914
- Yard v. GibbonsSupreme Court of Kansas · 1915
17 more not listed; retrieve them via the Exa API.