Rouse v. Harry
Supreme Court of Kansas
Error from Neosho District Court. F. 0. Harry, the plaintiff below, was a brakeman employed by the receivers of the Missouri, Kansas & Texas Railway Company on the line of road running from Coffeyville to Paola. On the 7th of December, 1889, his left arm was caught and crushed while he was attempting to couple two freight-cars at Coffey-ville.
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Error from Neosho District Court. F. 0. Harry, the plaintiff below, was a brakeman employed by the receivers of the Missouri, Kansas & Texas Railway Company on the line of road running from Coffeyville to Paola. On the 7th of December, 1889, his left arm was caught and crushed while he was attempting to couple two freight-cars at Coffey-ville. This action was brought to recover compensation for the injury, and resulted in a verdict in his favor for $5,000. The train on which the plaintiff was working arrived in Coffeyville from Paola after dark, and the same crew made up the train going back…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J. :
The first claim of error is in admitting testimony to prove that the refrigerator-cars were constructed with dead-woods which rendered it more dangerous for brakemen to make couplings than ordinary cars. It is said that the defendants were not bound to furnish any particular kind of cars, and the plaintiff, knowing the construction of the cars, assumed the extra hazard. After hearing the testimony on this point, the court instructed the jury that the plaintiff had assumed this risk. It is contended, however, that notwithstanding this…
2Cases cited5 opinions
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
- Union Trust Co. v. ThomasonSupreme Court of Kansas · 1881
- Farrell v. Union Trust Co.Supreme Court of Missouri · 1883
- Beeson v. BusenbarkSupreme Court of Kansas · 1890
3Cited by9 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Sullivan v. HustisMassachusetts Supreme Judicial Court · 1921
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Chicago, Rock Island & Pacific Railway Co. v. PostenSupreme Court of Kansas · 1898
- Hunt v. ConnerIndiana Court of Appeals · 1901
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