Union Pacific Railway Co. v. Henry
Supreme Court of Kansas
Error from Clay District Court. Action brought by Henry against The Union Pacific Railway Company, to recover damages sustained by the backing-up of a train of cars over his omnibus and team at Clay Center.
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Error from Clay District Court. Action brought by Henry against The Union Pacific Railway Company, to recover damages sustained by the backing-up of a train of cars over his omnibus and team at Clay Center. Plaintiff alleged that on December 5, 1883, he was the owner of an omnibus and a team of horses used by him in conveying passengers from the railway depot to plaintiff’s hotel; that on said day he had in his employ one Watrous in charge as driver of said team; that said driver drove to the defendant’s depot to receive passengers to arrive on the 7:30 p. m. train; that said train was the…
1Opinion of the Court
Opinion by
Clogston, C.:
The principal complaint made by the defendant, plaintiff in error, is as to the instructions the court gave to the jury. The record in this case discloses but two issues over which there was any controversy at the trial: First, was the injury caused by the negligence of the defendant ? Second, was the plaintiff guilty of contributory negligence, directly causing the injury? The findings of fact by the jury being in favor of the plaintiff and against the defendant on both of these propositions, and the evidence tending to support all of the findiogs, and the findings…
2Cases cited3 opinions
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
- Kansas Pacific Railway Co. v. RichardsonSupreme Court of Kansas · 1881
3Cited by8 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Stout v. GallemoreSupreme Court of Kansas · 1933
- Lake Erie & Western Railroad v. McFarrenIndiana Supreme Court · 1919
- Cohee v. HutsonSupreme Court of Kansas · 1936
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CoffmanIndiana Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.