Chicago, Kansas & Western Railroad v. Bockoven
Supreme Court of Kansas
Error from Pratt District Court. ON the 27th day of July, 1889, Morris D. Boclcoven, administrator of the estate of Ernest Bockoven, deceased, commenced his action against The Chicago, Kansas & Western Railroad Company to recover $10,000 damages for the wrongful acts and omissions of the railroad company in causing the death of Ernest Bockoven, a child of about five years of age.
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Error from Pratt District Court. ON the 27th day of July, 1889, Morris D. Boclcoven, administrator of the estate of Ernest Bockoven, deceased, commenced his action against The Chicago, Kansas & Western Railroad Company to recover $10,000 damages for the wrongful acts and omissions of the railroad company in causing the death of Ernest Bockoven, a child of about five years of age. The petition alleged, among other things, that at the station of Sawyer, in Pratt county, the railroad company had stock yards along the line of its road near to the depot, and also near to the business portion of…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
In support of the judgment, the cases of Railway Co. v. Fitzsimmons, 22 Kas. 686, and Railway Co. v. Dunden, 37 id. 1, are cited as decisive. In the first case, it is stated in the opinion that the turntable “was left without locks or fastenings, and without being watched or guarded, or even fenced in.” In the other case, it was expressly alleged and proved upon the trial that the turntable “was near a public highway, in an open common, where people frequently and customarily passed, and where boys often played, with the knowledge of the…
2Cases cited2 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
3Cited by12 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Bass v. Quinn-Robbins Co.Idaho Supreme Court · 1950
- Galleher v. City of WichitaSupreme Court of Kansas · 1956
- Caillier v. New Orleans Ry. & Light Co.Louisiana Court of Appeal · 1921
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