Clark v. Missouri Pacific Railway Co.
Supreme Court of Kansas
Error from Cloud District Court. On March 22, 1887, Caroline Clark, as administratrix of the estate of William D. Clark, deceased, commenced her action in the district court of Cloud county, to recover $10,-000 as damages by the reason of the death of William D. Clark.
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Error from Cloud District Court. On March 22, 1887, Caroline Clark, as administratrix of the estate of William D. Clark, deceased, commenced her action in the district court of Cloud county, to recover $10,-000 as damages by the reason of the death of William D. Clark. It was alleged in the petition that William D. Clark was, on December 12,1885, in the service of the defendant as a brakeman on one of its trains running from Burr Oak, in Jewell county, to Jamestown, in Cloud county, on the Jewell branch of the Central Branch Union Pacific railroad, controlled and operated by the defendant,…
1Opinion of the Court
*658The opinion of the court was delivered by
Horton, C. J.:
It was charged in the petition that the road-bed, embankment and track of the railroad at Bandall station, where Wm. D. Clark, the brakeman, was injured, were at the time dangerous and unsafe for coupling or uncoupling cars. It was also charged that, by reason of the road-bed, embankment and track being defective and out of repair at the place of the injury, while Clark was in the act of uncoupling a car from the train, he slipped and fell between and under the cars; that the train was then in motion, and had been immediately before set…
2Cases cited5 opinions
- Rush v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1887
- Union Pacific Railway Co. v. EstesSupreme Court of Kansas · 1887
- Atchison, Topeka & Santa Fé Railroad v. IrwinSupreme Court of Kansas · 1886
- Union Pacific Railway Co. v. BeattySupreme Court of Kansas · 1886
- Williams v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1879
3Cited by16 opinions
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- Gillaspie v. United Iron-works Co.Supreme Court of Kansas · 1907
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
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