Johnson v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Kansas
Error from Wabaunsee district court; Robert C. Heizer,. judge. STATEMENT. THIS was an action to recover damages for the death of Christian Anderson at a railroad-crossing at Alta Vista, caused by the alleged negligence of the defendant. Entering Alta Vista from the southwest, through a deep cut, the defendant’s track reaches the surface level one-fourth of a mile from the station.
Read the full summary
Error from Wabaunsee district court; Robert C. Heizer,. judge. STATEMENT. THIS was an action to recover damages for the death of Christian Anderson at a railroad-crossing at Alta Vista, caused by the alleged negligence of the defendant. Entering Alta Vista from the southwest, through a deep cut, the defendant’s track reaches the surface level one-fourth of a mile from the station. At or near the station it extends in a northeasterly direction through another cut, which is fifteen feet deep at the highest point of the hill. The cut emerges to the level at a point fifty feet southwest of the…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The negligence charged in the petition was the failure to give warning of the approach of the train to the crossing, and allowing the crossing to be defective by failing to raise the roadway as it approached the track to conform to an elevation of the track by ballasting. Proof was offered tending to show negligence as averred, but a demurrer was sustained upon the ground, as stated in defendant’s brief, that the ’evidence proved that the deceased was guilty of such contributory negligence as to bar a recovery. We must determine, therefore,…
2Cases cited24 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Smith v. Grange Mutual Fire InsuranceMichigan Supreme Court · 1926
- Kemp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1914
- State v. JonesSupreme Court of Kansas · 1968
- Leinbach v. Pickwick Greyhound LinesSupreme Court of Kansas · 1932
13 more not listed; retrieve them via the Exa API.