Irvin v. Missouri Pacific Railway Co.
Supreme Court of Kansas
Appeal from Rush district court; Charles E. Lobdell, judge. STATEMENT. This action was commenced in the district court of Rush county by Albert Irvin to recover from the Missouri Pacific Railway Company damages for a personal injury received by the plaintiff at the station of Mc-Cracken, on the defendant’s railway in Rush county, on account of the negligence of the defendant. The plaintiff lived at McCracken, and went to the station about the time the train arrived.
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Appeal from Rush district court; Charles E. Lobdell, judge. STATEMENT. This action was commenced in the district court of Rush county by Albert Irvin to recover from the Missouri Pacific Railway Company damages for a personal injury received by the plaintiff at the station of Mc-Cracken, on the defendant’s railway in Rush county, on account of the negligence of the defendant. The plaintiff lived at McCracken, and went to the station about the time the train arrived. When the train stopped a friend, of the plaintiff, Albert Smith, got off onto the platform. They met, and the plaintiff invited…
1Opinion of the Court
*653The opinion of the court was delivered by
Graves, J.:
The defendant contends that the plaintiff was guilty of contributory negligence, for the reason that he boarded a moving train. It is not necessarily negligent to get upon a moving passenger train; and, generally, whether it is negligent or not is a question for the jury. (Railway Co. v. Holloway, 71 Kan. 1; 3 Thomp. Com. Law of Neg., §§ 2995, 2996; Distler v. Long Island R. R. Co., 151 N. Y. 424; C. & A. R. R. Co. v. Gore, 202 Ill. 188; C. & A. R. R. Co. v. Winters, 175 Ill. 293.) In this case the question of contributory negligence was…
2Cases cited4 opinions
- Chicago & Alton Railroad v. WintersIllinois Supreme Court · 1898
- Distler v. . Long Island R.R. Co.New York Court of Appeals · 1897
- Atchison, Topeka & Santa Fe Railway Co. v. HollowaySupreme Court of Kansas · 1905
- Chicago & Alton Railroad v. GoreIllinois Supreme Court · 1903
3Cited by4 opinions
- Dougherty v. DavisNorth Dakota Supreme Court · 1922
- Lowden v. DentonCourt of Appeals for the Eighth Circuit · 1940
- Altwein v. Metropolitan Street Railway Co.Supreme Court of Kansas · 1912
- Murphy v. Pere Marquette RailroadMichigan Supreme Court · 1914