McCarthy v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Kansas
Error from Leavenworth,- District Court. Michael McCarthy, a resident of this state, was injured while repairing the track of defendant’s railroad in Platte county, Missouri, and died from the effects of such injury. His administrator brought suit against the Railroad Company, under §422 of the civil code, to recover damages, alleging that Michael’s death was caused by the wrongful acts of the defendant company.
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Error from Leavenworth,- District Court. Michael McCarthy, a resident of this state, was injured while repairing the track of defendant’s railroad in Platte county, Missouri, and died from the effects of such injury. His administrator brought suit against the Railroad Company, under §422 of the civil code, to recover damages, alleging that Michael’s death was caused by the wrongful acts of the defendant company. The defendant demurred, and the district court, at the May Term 1875, sustained the demurrer and gave judgment for the defendant, and the plaintiff brings the case here on error for…
1Opinion of the Court
*47The opinion of the court was delivered by
Hokton, C. J.:
Demurrer to petition. The action was brought by the plaintiff as administrator of the estate of Michael McCarthy, deceased. The petition alleges that the plaintiff is the duly-appointed and qualified administrator of said estate; that the defendant is and was a railroad corporation, organized and existing under and by virtue of the laws of Illinois, and was and is engaged in operating the Chicago & Southwestern Railroad, a road leading from the city of Leavenworth, Kansas, across the Missouri river bridge, thence east through Platte…
2Cases cited8 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Selma, Rome & Dalton Railroad v. LacySupreme Court of Georgia · 1871
- Andrews v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Leiker Ex Rel. Leiker v. GaffordSupreme Court of Kansas · 1989
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
64 more not listed; retrieve them via the Exa API.