Brown v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Lyon District Court. At the March Term, 1883, the defendant Railroad Company recovered a judgment against the plaintiff Brown, as administrator, etc., who brings the case here. The facts are stated in the opinion. In addition to our former briefs, we submit that the only-question before the court on this demurrer, is whether there was any evidence to warrant a jury in finding for the plaintiff.
Read the full summary
Error from Lyon District Court. At the March Term, 1883, the defendant Railroad Company recovered a judgment against the plaintiff Brown, as administrator, etc., who brings the case here. The facts are stated in the opinion. In addition to our former briefs, we submit that the only-question before the court on this demurrer, is whether there was any evidence to warrant a jury in finding for the plaintiff. This involves two propositions of law: First, did the evidence tend to show defendant was guilty of actionable negligence; and if so, then: Second, did the evidence show that the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Joseph Brown, as administrator of the estate of William Haas, deceased, against the Atchison, Topeka & Santa Fé railroad company, to recover damages alleged to have resulted from the negligence of the defendant in wrongfully causing the death of the deceased. The action was brought under § 422 of the civil code, to recover damages for the benefit of the next of kin to the deceased.
This is the third time that the case has been to this court. [A. T. & S. F. Rld. Co. v. Brown, 26 Kas. 443; same case, 6 Am. &…
2Cases cited2 opinions
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
3Cited by26 opinions
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Edmisson v. Drumm-Flato Commission Co.Supreme Court of Oklahoma · 1903
- Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
- State v. TruskettSupreme Court of Kansas · 1911
- Conklin v. YatesSupreme Court of Oklahoma · 1905
21 more not listed; retrieve them via the Exa API.