Smith v. Missouri Pacific Railway Co.
Supreme Court of Kansas
Appeal from Anderson district court; Charles A. Smart, judge. STATEMENT. The plaintiff, a section man engaged in track repairing, was tamping stone under a crosstie when a. fellow laborer, who was tamping stone under another crosstie behind him, negligently struck the plaintiff’s hand with a tamping pick, inflicting the injury for which the action was brought.
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Appeal from Anderson district court; Charles A. Smart, judge. STATEMENT. The plaintiff, a section man engaged in track repairing, was tamping stone under a crosstie when a. fellow laborer, who was tamping stone under another crosstie behind him, negligently struck the plaintiff’s hand with a tamping pick, inflicting the injury for which the action was brought. A notice, as required by section 1 of chapter 341 of the Laws of 1905, was served by mail, addressed to the assistant claim agent, of the defendant at Kansas City, Mo. The injury occurred in this state. Demurrers to the petition and to…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The defendant contends that section men in doing the ordinary work of repairing track are not within the purview of the statute imposing liability upon a railroad company for injuries to an employee caused by the negligence of its agents or the mismanagement of its engineer or other employees. (Laws 1907, ch. 281, §1; Gen. Stat. 1909, §6999.) The defendant relies upon the opinion in Railway Co.. v. Medaris, 60 Kan. 151. In that case it was held that, an employee of a railway company who was engaged in setting a curb around a depot and office…
2Cases cited16 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Georgia Railroad v. IveySupreme Court of Georgia · 1884
- Blomquist v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
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3Cited by1 opinion
- Cashin v. State Highway CommissionSupreme Court of Kansas · 1933