Southern Kansas Railway Co. v. Drake
Supreme Court of Kansas
Error from Franklin District Court. Aaron S. Drake was employed by the railroad company as a laborer, working about the shops, grounds and yards of the railroad company. On April 28, 1888, he and four other men were directed to unload rails from a push car, some of which were 30 feet long and some only 27 feet long.
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Error from Franklin District Court. Aaron S. Drake was employed by the railroad company as a laborer, working about the shops, grounds and yards of the railroad company. On April 28, 1888, he and four other men were directed to unload rails from a push car, some of which were 30 feet long and some only 27 feet long. They selected a place for unloading the rails where there was a slope or ditch along the side of the track about 12 feet in width, and on the other side of which was a slight embankment about 20 inches in height. There had been a rain upon the previous day, and the ground was wet.…
1Opinion of the Court
The opinion of the court was delivered by
JohnstON, J.:
There is but little room for dispute as to the cause of the injury for which a recovery is sought, and the findings of fact as returned by the jury, when considered in connection with the previous rulings of this court, clearly *6point'to the judgment that must be rendered. No negligence is imputed to any of the employés of the railway company who were assisting Drake in unloading rails from the push car, but the contention is, that the injury resulted from the failure of the company to provide a sufficient number of men to perform that kind…
2Cases cited3 opinions
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
- Atchison, Topeka & Santa Fé Railroad v. SchroederSupreme Court of Kansas · 1891
- St. Louis, Arkansas & Texas Railway Co. v. LemonTexas Supreme Court · 1892
3Cited by13 opinions
- Blackmore v. AuerSupreme Court of Kansas · 1960
- St. Louis S. F. R. Co. v. SnowdenSupreme Court of Oklahoma · 1915
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- Lively v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1924
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