Iola Portland Cement Co. v. Moore
Supreme Court of Kansas
Error from Allen district court; L. Stillwell, judge. STATEMENT. Robert B. Moore commenced an action in the district court of Allen county against the Iola Portland Cement Company to recover damages for personal injuries. The cement company, was the owner and operator of a plant for the manufacture of cement near the city of Iola.
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Error from Allen district court; L. Stillwell, judge. STATEMENT. Robert B. Moore commenced an action in the district court of Allen county against the Iola Portland Cement Company to recover damages for personal injuries. The cement company, was the owner and operator of a plant for the manufacture of cement near the city of Iola. For its own accommodation, it constructed and maintained certain railway-tracks from a point at the south to a point at the north of its buildings, and running near to them. The Atchison, Topeka & Santa Fe Railway Company built a spur from its line of road through…
1Opinion of the Court
The opinion of the court was delivered by
Burch,
record in this case presents but two questions for determination: (1) The extent of the duty of the cement company to Moore; and (2) whether Moore was himself free frorq such fault as would preclude recovery.
It is wholly unnecessary to enter upon any discussion of the duties of a landowner to one who enters upon his premises by mere “sufferance,” or “license,” or “permission,” and without “inducement,” or “allurement,” or “enticement,” or “invitation.” No refinement upon any of these terms is required in estimating the facts of this case. Its…
2Cases cited7 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Corrigan v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1868
- Gustafsen v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1891
- Atchison, Topeka & Santa Fe Railroad v. RowanSupreme Court of Kansas · 1895
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3Cited by1 opinion
- Missouri, Kansas & Texas Railway Co. v. QuinlanSupreme Court of Kansas · 1908