Missouri, Kansas & Texas Railway Co. v. McLaughlin
Supreme Court of Kansas
Error from Labette district court; Thomas J. Flannelly, judge. STATEMENT. On the 22d day of October, 1903, J. G. McLaughlin received injuries by a fall from a depot platform of the Missouri, Kansas & Texas Railway Company at Chetopa, in Labette county, from the effects of which he died within a few days thereafter. At the time of his death he was sixty-six years old, and unmarried.
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Error from Labette district court; Thomas J. Flannelly, judge. STATEMENT. On the 22d day of October, 1903, J. G. McLaughlin received injuries by a fall from a depot platform of the Missouri, Kansas & Texas Railway Company at Chetopa, in Labette county, from the effects of which he died within a few days thereafter. At the time of his death he was sixty-six years old, and unmarried. He was the uncle of the plaintiffs, of whom two are his nephews and five his nieces. ' This is a proceeding in error from a judgment in their favor for $7000. The deceased was a farmer, and lived in the Indian…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Numerous errors are complained of, but we shall consider only the claim that the damages allowed are excessive. The deceased was by occupation a farmer, interested as a partner with his nephews and their mother in the ownership of twenty-five hogs and ten head of cows, and in the operations of a farm, which was leased land. The farming was very limited, only thirty acres of the place being tillable. In addition, he had twenty head of horses of his *251own and some farming implements. He owned no land, and possessed no other property of any kind.…
2Cases cited17 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Atchison, Topeka & Santa Fé Railroad v. WeberSupreme Court of Kansas · 1885
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
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3Cited by4 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- Pittsburg Vitrified Paving & Building Brick Co. v. FisherSupreme Court of Kansas · 1909
- Marks v. Pan American World Airways, Inc.District Court, E.D. Louisiana · 1984
- Hibler v. NordykeSupreme Court of Kansas · 1973