Missouri Pacific Railway Co. v. McCally
Supreme Court of Kansas
Error from Franhlin District Court. Action under § 422 of the civil code, to recover damages for wrongfully causing the death of Dexter F. McCally. Trial at the October term, 1886, and judgment for the plaintiff for $3,000. The defendant Railway Company brings the case to this court. The material facts are stated in the opinion.
1Opinion of the Court
Opinion by
Simpson, C.:
This was an action commenced by E. M. McCally, administrator of the estate of Dexter E. McCally, deceased, against the Missouri Pacific Railway Company, in the district court of Franklin county, to recover damages for wrongfully causing the death of the said Dexter F. McCally, deceased, under § 422, chapter 80, Compiled Laws 1885. The petition of the plaintiff in error alleged in substance, that prior to the 12th day of December, 1885, D. F. McCally was a brakeman in the employment of the defendant, and as such his duty was to assist in running its trains on its line of…
2Cases cited3 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Union Pacific Railway Co. v. EstesSupreme Court of Kansas · 1887
- Kansas City, Lawrence & Southern Railroad v. PhillibertSupreme Court of Kansas · 1881
3Cited by7 opinions
- Holderfield v. Rummage Bros. Trucking Co.Supreme Court of North Carolina · 1950
- Mulhall v. MulhallSupreme Court of Oklahoma · 1895
- Eidson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1911
- Atchison, Topeka & Santa Fe Railroad v. TindallSupreme Court of Kansas · 1897
- Watson v. WatsonSupreme Court of Kansas · 1922
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