Chicago, Rock Island & Pacific Railway Co. v. Hinds
Supreme Court of Kansas
Error from Clay District Court. Joel Hinds was killed at a crossing of the public road over the Chicago, Rock Island & Pacific railway at Broughton, Kan., on July 11, 1891. This action was brought by the defendants in error, as administrators of his estate, against the railway company to recover damages, on the ground that his death was caused by the negligence of the railway company.
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Error from Clay District Court. Joel Hinds was killed at a crossing of the public road over the Chicago, Rock Island & Pacific railway at Broughton, Kan., on July 11, 1891. This action was brought by the defendants in error, as administrators of his estate, against the railway company to recover damages, on the ground that his death was caused by the negligence of the railway company. The crossing, according to the findings of the jury, was about 485 feet west of the west end of the depot at Broughton. The depot is located on the north side of the main track, and north of the depot is a…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
I. The principal contention of the plaintiff in error is, that it was the duty of the deceased, Hinds, to stop before attempting to cross the railroad track, under all the circumstances of the case. It is admitted on both sides that the track on which the train was approaching was completely obscured by the rank growth of sunflowers from the view of a traveler approaching on the highway, and that a very high wind was blowing atthe time, which rendered it difficult *762to hear. Under these circumstances, it is contended that the court should…
2Cases cited4 opinions
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
- Atchison, Topeka & Santa Fe Railroad v. MorganSupreme Court of Kansas · 1890
- Atchison, Topeka & Santa Fe Railroad v. ShawSupreme Court of Kansas · 1896
3Cited by28 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Denton v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1913
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Long Ex Rel. Long v. FoleySupreme Court of Kansas · 1956
- Corley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1913
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