Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Williams

Supreme Court of Kansas

Decided January 11, 1896No. 7995PublishedCited by 21 opinions

Error from Doniphan District Court. Action by Hester A. Williams, administratrix of John S. Williams, deceased, against The Chicago, Rock Island & Pacific Railway Company to recover damages alleged to have resulted from his death by the wrongful act of said company. Defendant brings here for review the judgment rendered for plaintiff. The opinion herein, filed January 11, 1896, contains a sufficient statement of the case.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.: As John S. Williams was driving along a highway and over a public crossing of the railway, he was struck by an engine of an approaching freight-train of the plaintiff in error, and killed. At the point of collision the railway extended east and west and across' the public highway on which the deceased was traveling at right angles. At the time of the collision a hedge fence extended from some distance north of the railway along the west side of the highway and within from 15 to 26 feet of the railway track. West of this hedge was a large,…

2Cases cited2 opinions

  1. Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
  2. Atchison Topeka & Santa Fé Railroad v. HagueSupreme Court of Kansas · 1894

3Cited by21 opinions

  1. Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
  2. Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
  3. Denton v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1913
  4. Corley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1913
  5. Missouri, K. & T. R. Co. v. PerinoSupreme Court of Oklahoma · 1923

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