Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Henry

Supreme Court of Kansas

Decided July 15, 1895PublishedCited by 10 opinions

Error from Sumner District Court. W. T. HeNRY brought an action against The Atchi-son, Topeka & Santa Fe Railroad Company to recover damages for injuries sustained by him on account of the alleged wrongdoing of the company, and in his petition alleged that on January 9, 1890, he boarded a train of the railroad company at Kansas City, Mo., for the purpose of riding over the Southern Kansas division of that railroad to AVellington, Kas. ; that he was provided with a ticket or…

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Error from Sumner District Court. W. T. HeNRY brought an action against The Atchi-son, Topeka & Santa Fe Railroad Company to recover damages for injuries sustained by him on account of the alleged wrongdoing of the company, and in his petition alleged that on January 9, 1890, he boarded a train of the railroad company at Kansas City, Mo., for the purpose of riding over the Southern Kansas division of that railroad to AVellington, Kas. ; that he was provided with a ticket or stock-contract entitling him to ride over the road between the points.named, and that the conductor in charge of the…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J. :

At the trial the plaintiff below, W. T. Henry, relied upon two grounds of recovery: One for the alleged assault made upon him by the brakeman while Henry was a passenger on the train of the railroad company, and the other for the unlawful arrest alleged to have been made at the instance of the railroad company while he was a passenger upon the train, and his illegal imprisonment for about 12 hours *720in the jail of Franklin county. Henry was a farmer and stock-shipper, who made a shipment of cattle from Wellington to Kansas City in January,…

2Cases cited2 opinions

  1. Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
  2. Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891

3Cited by10 opinions

  1. Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
  2. Lehnen v. E. J. Hines & Co.Supreme Court of Kansas · 1912
  3. Whitman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1911
  4. Manning v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1938
  5. Johnson v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1902

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