Legal Opinion

Southern Kansas Railway Co. v. Michaels

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 14 opinions

Error from Sumner District Court. Action to recover damages for personal injuries. Judgment for plaintiff, Michaels, at the November term, 1888. The defendant Railway Company brings the case here. The material facts appear in the opinion. 1. The railroad company was not negligent in placing the switch stand where it did, and its position being obvious to the plaintiff, he assumed the risk of danger incident thereto.

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Error from Sumner District Court. Action to recover damages for personal injuries. Judgment for plaintiff, Michaels, at the November term, 1888. The defendant Railway Company brings the case here. The material facts appear in the opinion. 1. The railroad company was not negligent in placing the switch stand where it did, and its position being obvious to the plaintiff, he assumed the risk of danger incident thereto. The tracks in a yard where switching is to be done must necessarily be close together. The manner of placing these tracks and the position of switches is a matter which must be…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action brought by O. P. Michaels against the Southern Kansas Railway Company on account of personal injuries received by him, which he claimed were caused by the negligence of the company in improperly placing a switch with a target thereon too close to a track in the yards of a station known as “Longton.” Michaels was *394in the employ of the company in 1885 and 1886, but quit work some time in 1886. He was reemployed February 11, 1887, as head brakeman on a local freight train running between Cherry Vale and Wellington. On April…

2Cases cited5 opinions

  1. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  2. Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
  3. Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1885
  4. Lewis v. SouleSupreme Court of Iowa · 1879
  5. McQueen v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1883

3Cited by14 opinions

  1. Larson v. American Bridge Co.Washington Supreme Court · 1905
  2. Bailey v. StateSupreme Court of Delaware · 1982
  3. Snyder v. StriblingSupreme Court of Oklahoma · 1907
  4. Southern Kansas Railway Co. v. MichaelsSupreme Court of Kansas · 1896
  5. Atchison, T. & S. F. Ry. Co. v. LambertSupreme Court of Oklahoma · 1912

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