St. Joseph & Western Railroad v. Wheeler
Supreme Court of Kansas
Error from Doniphan District Court. Action by De Witt C. Wheeler, as administrator of the estate of Frank Wheeler, deceased, against The Railroad Company, to recover damages for the benefit of the next of kin of the decedent, whose death is alleged to have been caused by the negligence of the defendant. Trial at the December Term, 1884, and judgment for plaintiff for $1,500. The Company brings .the case here. .The material facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
De Witt C. Wheeler, as administrator of the estate of Frank Wheeler, deceased, brought this action under § 422 of the civil code, to recover damages for the benefit of the next of kin of Frank Wheeler, whose death, it is alleged, was caused by the gross carelessness and negligence of the St. Joseph & Western Railroad Company. There was but little dispute concerning the facts of the casé. On June 17, 1881, the defendant below was operating a railroad which runs from Elwood westward through Doniphan and other counties of Kansas to Grand…
2Cases cited7 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Dunn v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
- Ohio & Mississippi Railroad v. MuhlingIllinois Supreme Court · 1861
- Chicago & Alton Railroad v. MichieIllinois Supreme Court · 1876
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3Cited by21 opinions
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- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Wagner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
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