Atchison, Topeka & Santa Fe Railway Co. v. Bancord
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This action was brought by Jeroam E. Bancord, as administrator of the estate of John Bancord, deceased, against the Atchison, Topeka & Santa Fe Railway Company, to recover damages for the death of John Bancord, which, it is alleged, occurred by reason of the negligence and wrongful acts of defendant.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This action was brought by Jeroam E. Bancord, as administrator of the estate of John Bancord, deceased, against the Atchison, Topeka & Santa Fe Railway Company, to recover damages for the death of John Bancord, which, it is alleged, occurred by reason of the negligence and wrongful acts of defendant. John Bancord was at the time of his death in the employ of the defendant as a laborer, working in its scrap-yard at Topeka. In this yard there is a turntable used in moving disabled engines and defective cars from one part of the…
1Opinion of the Court
The opinion of the court was delivered by
Pollock. J. :
The only questions arising for our determination in this case are based upon the findings. There is but one question of merit in the case. It is not contended by the defendant that there is no evidence to support the findings made ; nor is it contended that the turntable was not old, worn, and defective. • But it is contended that Bancord knew, or, *87by the exercise of ordinary observation and care for his safety, should have known, the condition of the turntable and tracks,, and, having this knowledge, by virtue of his employment he assumed…
2Cases cited6 opinions
- Gates v. . StateNew York Court of Appeals · 1891
- Russell v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Mundle v. Hill Manufacturing Co.Supreme Judicial Court of Maine · 1894
- Southern Kansas Railway Co. v. MichaelsSupreme Court of Kansas · 1896
- Anderson v. PierceSupreme Court of Kansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Jackson v. City of Kansas CitySupreme Court of Kansas · 1984
- Blackmore v. AuerSupreme Court of Kansas · 1960
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Kleppe v. PrawlSupreme Court of Kansas · 1957
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
31 more not listed; retrieve them via the Exa API.