Missouri, Kansas & Texas Railway Co. v. Puckett
Supreme Court of Kansas
Error from Neosho district court; L. Stillwell, judge. In banc. STATEMENT. This action was brought by defendant in error against plaintiff in error in the district court of Neosho county to recover damages for personal injuries, alleged to have been sustained while in the employment of the plaintiff in error as a common laborer on the section, by reason of the negligence of the plaintiff in error. He pleaded two causes of action.
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Error from Neosho district court; L. Stillwell, judge. In banc. STATEMENT. This action was brought by defendant in error against plaintiff in error in the district court of Neosho county to recover damages for personal injuries, alleged to have been sustained while in the employment of the plaintiff in error as a common laborer on the section, by reason of the negligence of the plaintiff in error. He pleaded two causes of action. In the first he stated, in substance, that in July, 1898, while working for plaintiff in error under the direction of one Arthur McDonald, as section foreman, he was…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
It is argued by plaintiff in error that defendant in error cannot recover because he did not apprehend any danger to himself by the useof this jack. We think this contention is without merit. The defendant in error testified that he had frequently called the attention of the foreman to the defective condition of this jack and that they both had tried to remedy it; that the foreman had, on several occa*773sions, told Mm he would send it in and have it repaired or get a new one. The defendant in error testified that on one occasion he threw it…
2Cases cited1 opinion
- Southern Kansas Railway Co. v. CrokerSupreme Court of Kansas · 1889
3Cited by11 opinions
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- Virginia & North Carolina Wheel Co. v. HarrisSupreme Court of Virginia · 1905
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Atchison, Topeka & Santa Fe Railway Co. v. SledgeSupreme Court of Kansas · 1904
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