Atchison, Topeka & Santa Fe Railway Co. v. Rudolph
Supreme Court of Kansas
Error from Barber district court; Preston B. Gillett, judge. STATEMENT. Charles T. Rudolph was a brakeman and an employee of the Atchison, Topeka & Santa Fe Railway Company. On January 18, 1902, while engaged in the performance of his duties at Sharon, in Harper county, he fell in front of a moving car and was killed. His widow commenced this action in the district court of Barber county to recover damages on account of the death of her husband.
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Error from Barber district court; Preston B. Gillett, judge. STATEMENT. Charles T. Rudolph was a brakeman and an employee of the Atchison, Topeka & Santa Fe Railway Company. On January 18, 1902, while engaged in the performance of his duties at Sharon, in Harper county, he fell in front of a moving car and was killed. His widow commenced this action in the district court of Barber county to recover damages on account of the death of her husband. She obtained judgment for $4000. The railway company brings the case here for review. The deceased, while making a flying switch, got upon the…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The railway company contends that, since it has at great expense complied with the act of congress by placing upon its cars couplers which couple automatically by impact, thereby enabling its employees to couple and uncouple cars without encountering the danger of going between them, it should not be held liable for injuries sustained by an employee who voluntarily and unnecessarily goes between the cars to do the coupling instead of using the safe method which has been provided for that purpose, as the deceased did in this case.
The…
2Cases cited12 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Gowen v. HarleyCourt of Appeals for the Eighth Circuit · 1893
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Dawson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
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3Cited by2 opinions
- Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
- Brannock v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910