Atchison, Topeka & Santa Fé Railroad v. Franklin
Supreme Court of Kansas
Error from, Marion District Court. Action brought by John Franhlin (a colored boy), a minor, by Wilson Franklin, his next friend, against the A. T. & 8. F. Railroad Co., to recover damages for personal injuries.
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Error from, Marion District Court. Action brought by John Franhlin (a colored boy), a minor, by Wilson Franklin, his next friend, against the A. T. & 8. F. Railroad Co., to recover damages for personal injuries. It is alleged in the petition that, on or about the 27th day of February, 1877, the said plaintiff was on a train of cars belonging to said defendant, on its line of road in Marion county, riding on the top thereof, and while so being on the said train of ears, and while the same were rapidly in motion, said defendant/by its agents and servants, in a wanton, cruel and wrongful manner,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiff in error, defendant below, raises five questions in this court.
As to the first, we would say: “ It is not substantial error for the district court to discharge a juror during the time the jury are being impanneled, although the juror may be discharged for an insufficient reason, where an unexceptionable jury is afterward obtained, and where the party complaining has not exhausted his peremptory challenges.” Stout v. Hyatt, 13 Kas. 232; Atlas Mining Co. v. Johnston, 23 Mich. 36; Grand Rapids, &c., Co. v. Jarvis, 30 Mich. 308;…
2Cases cited10 opinions
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- Manning v. GasharieIndiana Supreme Court · 1866
- Bemis v. BeckerSupreme Court of Kansas · 1862
- McJunkins v. StateIndiana Supreme Court · 1858
- Drennan v. PeopleMichigan Supreme Court · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thompson v. DouglassWest Virginia Supreme Court · 1891
- Union Street Railway Co. v. StoneSupreme Court of Kansas · 1894
- State v. MillerSupreme Court of Kansas · 1882
- Sutton v. FoxWisconsin Supreme Court · 1882
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.