Atchison, Topeka & Santa Fe Railroad v. Morgan
Supreme Court of Kansas
Error from Harvey District Court. On March 3, 1886, John W. Morgan brought his action, against the Atchison, Topeka & Santa Fé Railroad Company to recover $8,000 for damages, alleged to have been received on the 7th day of December, 1885, by him, on account of the negligence of the company. On March 26,1886, the railroad company filed its answer, which was a general denial of the allegations of the petition.
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Error from Harvey District Court. On March 3, 1886, John W. Morgan brought his action, against the Atchison, Topeka & Santa Fé Railroad Company to recover $8,000 for damages, alleged to have been received on the 7th day of December, 1885, by him, on account of the negligence of the company. On March 26,1886, the railroad company filed its answer, which was a general denial of the allegations of the petition. Trial had at the September term of the district court for 1887, before the court with a jury. The jury returned a verdict for plaintiff, and assessed his damages at $4,227. The jury also…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action brought by John W. Morgan against the railroad company to recover for personal injuries; also, for the killing of a pair of horses owned by him, and for damages to his wagon and harness. The material facts in the case are as follows: On the 7th day of December, 1885, about noon, Morgan, while attempting to cross the track of the railroad company at a public crossing with his team and farm wagon on Main street, in the village of Walton, a small place of two hundred and fifty inhabitants, in Harvey county, in this state,…
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