Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Midgett

Court of Appeals of Kansas

Decided July 6, 1895PublishedCited by 2 opinions

Memorandum. — Error from Johnson district court; John T. Burris, judge. Action by James Midgett against tlie Atchison, Topeka & Santa Fe Railroad Company, to recover damages for certain alleged personal injuries. The plaintiff had judgment, and defendant brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Clark, J. :

The defendant in error, James Midgett, brought this action against the railroad company, plaintiff in error, to recover damages for an injury alleged to have been sustained through defects in a hand-car on which he was riding while in the employ of the company. He obtained a verdict and judgment, in the district court of Johnson county, for $400.

The first error assigned and relied upon, is in the overruling of the demurrer to the evidence of the plaintiff. It .is contended for the plaintiff in error that defendant in error knew' of the…

2Cases cited9 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Wright v. ComptonIndiana Supreme Court · 1876
  3. City of Salina v. TrosperSupreme Court of Kansas · 1882
  4. Atchison, Topeka & Santa Fé Railroad v. MooreSupreme Court of Kansas · 1883
  5. Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
  2. Kulhanek v. KulhanekNebraska Supreme Court · 1921

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