Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. Milhoan
Supreme Court of Kansas
Error from Johnson District Court. Action brought by Kelly against The Kansas City, Fort Seott & Gulf Railroad Company, to recover damages for personal injuries. Trial by jury; verdict for plaintiff for $4,000; new trial refused. June 16,1885, judgment upon the verdict for plaintiff. The defendant brings the case here. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Opinion by Clogston, C.:
It appears from the evidence that on the night of the 16th of June, 1884, while the northbound freight train on the defendant’s railroad stopped for water about one mile south of the city of Olathe, William Kelly got on the freight train between two freight cars, for the purpose of going to Kansas City; that he had no ticket, and no money to pay his fare; that he had been working in Galena, Cherokee county, Kansas, and had been sick, and was on his way home to Kansas City on the railroad without paying his fare. When the train started, and before it reached the station…
2Cases cited13 opinions
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Kemp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1914
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
24 more not listed; retrieve them via the Exa API.