Legal Opinion
Kemper v. BNSF Railway Co.
Court of Appeals of Kansas
Decided January 23, 2026No. 126956Published
1Opinion of the Court
No. 126,956 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CAROLYN KEMPER, as Personal Representative of ESTATE OF DAVID KEMPER, Appellee/Cross-appellant, v. BNSF RAILWAY COMPANY, Individually and as Successor-in-Interest to BURLINGTON NORTHERN, INC., BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, and ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY, Appellants/Cross-appellees. SYLLABUS BY THE COURT 1. Compensatory damages are awarded to make a person whole. A plaintiff may not recover compensation multiple times for the same injury. 2. Equitable principles permit a defendant in a case under…
2Cases cited39 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
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