Carruthers v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Kansas
Error from Brown District Court. Action by Kora M. Carruthers, as administratrix of the estate of John T. Carruthers, deceased, against The Chicago, Rock Island & Pacific Railway Company to recover damages on account of the alleged negligence of said railway company, resulting in the death of plaintiff's intestate. The court below sustained a demurrer interposed by the defendant to the plaintiff's evidence, and entered judgment against the plaintiff for costs.
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Error from Brown District Court. Action by Kora M. Carruthers, as administratrix of the estate of John T. Carruthers, deceased, against The Chicago, Rock Island & Pacific Railway Company to recover damages on account of the alleged negligence of said railway company, resulting in the death of plaintiff's intestate. The court below sustained a demurrer interposed by the defendant to the plaintiff's evidence, and entered judgment against the plaintiff for costs. The plaintiff brings the case here. The material facts are stated in the opinion herein, filed July 6, 1895.
1Opinion of the Court
The opinion of the court was delivered by
MaktiN, O. J. :
The only question argued in this case is whether the court erred or not in sustaining the demurrer of the defendant to the evidence introduced on the part of the plaintiff. That evidence shows that on or about January 10, 1889, John T. Carruthers was a freight-conductor in the service of the defendant company; that he started from Horton southward with a train of about 35' cars bound for Herington via North Topeka and Topeka; that his train stopped at the roundhouse in North Topeka, and also at the registering station some distance north…
2Cases cited2 opinions
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Atchison, Topeka & Santa Fé Railroad v. WagnerSupreme Court of Kansas · 1885
3Cited by16 opinions
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Meehan v. Great Northern Railway Co.North Dakota Supreme Court · 1904
- Chicago, Rock Island & Pacific Railway Co. v. WoodSupreme Court of Kansas · 1903
- Chicago, Rock Island & Pacific Railway Co. v. RhoadesSupreme Court of Kansas · 1902
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