St. Louis, Fort Scott & Wichita Railroad v. Willis
Supreme Court of Kansas
Error from, Sedgwick District Court. Action brought by Maggie Willis, as administratrix of the estate of Charles R. Willis, deceased, against The St. Louis, Fort Scott & Wichita Railroad Co., and The Ellsworth, MoPherson, Newton & Southeastern Railway Co., to recover damages for the death of the intestate, Charles R. Willis, her husband, caused, as she alleged, by the negligence of the defendant railroad companies.
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Error from, Sedgwick District Court. Action brought by Maggie Willis, as administratrix of the estate of Charles R. Willis, deceased, against The St. Louis, Fort Scott & Wichita Railroad Co., and The Ellsworth, MoPherson, Newton & Southeastern Railway Co., to recover damages for the death of the intestate, Charles R. Willis, her husband, caused, as she alleged, by the negligence of the defendant railroad companies. The material parts of her petition are as follows: “That said Charles R. Willis, deceased, was, on the 28th day of June, 1885, in the employment of both defendants, at •their…
1Opinion of the Court
Opinion by
Simpson, C.:
Assuming for the present that all the other material facts essential to a recovery in this action have been established by proper proof, it remains to determine whether either of the railroad companies that are plaintiffs in error here is liable in damages for the death of Charles R. Willis. Their liability depends upon the law as applied to the special findings of the jury, and such other facts as are established in the record, about which there are no special findings, and not much controversey. Those material to the inquiry are as follows:
The Ellsworth, McPherson,…
2Cases cited6 opinions
- McCafferty v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1874
- West v. St. Louis, Vandalia & Terre Haute R. R.Illinois Supreme Court · 1872
- Town of Pawlet v. Rutland & Washington RailroadSupreme Court of Vermont · 1856
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1877
- Union Pacific Railway Co. v. FraySupreme Court of Kansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pottorff v. Fidelity Coal Mining Co.Supreme Court of Kansas · 1912
- Carleton v. Foundry & Machine Products Co.Michigan Supreme Court · 1917
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- St. Louis & San Francisco Railroad v. MaddenSupreme Court of Kansas · 1908
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906