Atchison, Topeka & Santa Fe Railroad v. Hughes
Supreme Court of Kansas
Error from Osage District Court. This action was brought in the district court of Osage county by Margaret Hughes against The A tchi-sow, Topeka & Santa Fe Railroad Company, to recover damages for the death of her husband, John Hughes.
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Error from Osage District Court. This action was brought in the district court of Osage county by Margaret Hughes against The A tchi-sow, Topeka & Santa Fe Railroad Company, to recover damages for the death of her husband, John Hughes. The petition alleges, among other things — “That on or about 1 o’clock of the morning of March 20, 1890, the said John Hughes, in company with his relatives and friends, being at the station of Scranton, on the line of the defendant’s railroad, and being desirous of going to the station of Peterton, also on the line of defendant’s railroad, purchased and paid…
1Opinion of the Court
The opinion of the court was delivered by
Joi-iNSTON, J. :
The first contention of the railroad company is that, upon the pleadings, judgment should have been given in its favor. The basis of this claim is that contributory negligence was set up as a defense in the answer of the railroad company, and that as there was no reply or denial of the averment of contributory negligence it must be taken as true. The petition alleged that the deceased was in the exercise of care when he attempted to alight from the train upon the order of the conductor, and the answer of the company contained a general…
2Cases cited6 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
- Cousins v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Missouri Pacific Railway Co. v. WaltersSupreme Court of Kansas · 1908
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Francis v. SauveCalifornia Court of Appeal · 1963
- St. Louis & San Francisco Railroad v. BurrowsSupreme Court of Kansas · 1900
14 more not listed; retrieve them via the Exa API.