Atchison, Topeka & Santa Fe Railroad v. Stewart
Supreme Court of Kansas
Error from Butler District Court. Ok November 16, 1890, Mary Stewart was a passenger on a train of the Atchison, Topeka & Santa Fe Railroad Company, en route from Augusta to Douglass, in Butler- county. On her arrival at Douglass, and while she was attempting to alight, the train was started and she was thrown to the ground between the depot platform and the wheels of the cars, resulting in her personal injury.
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Error from Butler District Court. Ok November 16, 1890, Mary Stewart was a passenger on a train of the Atchison, Topeka & Santa Fe Railroad Company, en route from Augusta to Douglass, in Butler- county. On her arrival at Douglass, and while she was attempting to alight, the train was started and she was thrown to the ground between the depot platform and the wheels of the cars, resulting in her personal injury. She brought this action against the company, alleging that the injury was due to the negligence of the company in failing to stop the train a sufficient length of time for her to…
1Opinion of the Court
The opinion of the court was delivered by.JOHNSTON, J. :
It is contended that the amount awarded by the jury is not warranted by the testimony, and that it is so excessive as to betray passion and prejudice on the part of the jury. That Mary Stewart fell while leaving the train, and that it resulted in some injury to her must be conceded, but the cause of the accident and the extent of the injury are matters of dispute. Her theory is that the train did not stop at the station of Douglass a sufficient time to allow the passengers to alight from the cars, and that the train started while she was…
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