Southern Kansas Railway Co. v. Moore
Supreme Court of Kansas
Error from Cowley District Court. Action by Moore against the Railway Company to recover for damages for bodily injuries. Judgment for the plaintiff for $824, February 25, 1889. The defendant Company brings the case here. The facts appear in the opinion. 1. The plaintiff voluntarily and without objection undertook to perform the work in the manner it was done, with full knowledge of the danger and risk. He therefore assumed the risk of danger.
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Error from Cowley District Court. Action by Moore against the Railway Company to recover for damages for bodily injuries. Judgment for the plaintiff for $824, February 25, 1889. The defendant Company brings the case here. The facts appear in the opinion. 1. The plaintiff voluntarily and without objection undertook to perform the work in the manner it was done, with full knowledge of the danger and risk. He therefore assumed the risk of danger. The defendant was not negligent under the circumstances, and plaintiff cannot recover. Under the special findings of the jury, there was no negligence…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.
It is contended upon the part of the railway company that Moore is not entitled to recover, because the special findings of the jury show that there was no negligence in any of the oth,er employee of the company; further,, because Moore voluntarily and without objection undertook to perform the work in which he was engaged, in the manner it was done, with full knowledge of all danger and risk, and that he was guilty of contributory negligence. Moore, in his petition, alleged that on December 8, 1886, the railway company had a material yard…
2Cases cited3 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Coyne v. Union Pacific Railway Co.Supreme Court of the United States · 1890
- Atchison, Topeka & Santa Fé Railroad v. SchroederSupreme Court of Kansas · 1891
3Cited by17 opinions
- Blackmore v. AuerSupreme Court of Kansas · 1960
- Coffeyville Vitrified Brick & Tile Co. v. ShanksSupreme Court of Kansas · 1904
- 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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