Atchison, Topeka & Santa Fe Railroad v. Penfold
Supreme Court of Kansas
Error from Atchison District Court. Hon. Robert M. Eaton, Judge. STATEMENT BY THE COURT. This was an action by William H. Penfold, who was employed by the Atchison, Topeka & Santa Fe Railroad Company at Atchison as switchman, to recover damages for personal injuries suffered by him through the alleged negligence of the company. On April 9, 1889, while in the performance of his duties, he undertook to go down the ladder on the side of a Missouri Pacific car.
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Error from Atchison District Court. Hon. Robert M. Eaton, Judge. STATEMENT BY THE COURT. This was an action by William H. Penfold, who was employed by the Atchison, Topeka & Santa Fe Railroad Company at Atchison as switchman, to recover damages for personal injuries suffered by him through the alleged negligence of the company. On April 9, 1889, while in the performance of his duties, he undertook to go down the ladder on the side of a Missouri Pacific car. He seized the handhold on the top of the car, swung himself down, attempted to step upon one of the rounds of the ladder, the end of…
1Opinion of the Court
*151The opinion of the court was delivered by
Johnston, J. :
There is but little dispute as to the facts of the case, but it is contended that they do not show actionable negligence by the railroad company nor warrant a recovery of damages against it. Three reasons are suggested why a recovery cannot be had : (1) That the car from which Penfold fell was not in the service of the company; (2) that the company-had no notice of the defect in the car nor opportunity to repair it; (3) that it was a sudden and unexpected use of a car of another company ; that the officers and employees who should…
2Cases cited2 opinions
- Missouri Pacific Railway Co. v. BarberSupreme Court of Kansas · 1890
- Atchison, Topeka & Santa Fé Railroad v. SeeleySupreme Court of Kansas · 1894
3Cited by11 opinions
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1902
- Kiley v. Rutland RailroadSupreme Court of Vermont · 1908
- Wright v. Kansas City Structural Steel Co.Missouri Court of Appeals · 1941
- Denver, Texas & Fort Worth Railroad v. SmockSupreme Court of Colorado · 1897
- Phillips v. Armour & Co.Supreme Court of Kansas · 1921
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